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Can a Custodial parent deny visitations rights to a non-Custodial parent?

Glendale, CA |

Even when the non-custodial parent had agree to pay the child support amount ordered by the court. And Can the non-custodial parent pay directly to the custodial parent the child support? thank you.

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Attorney answers 3

Posted

If you have court-ordered visitation, if the custodial parent denies visitation according to the parenting schedule, you can seek enforcement via an OSC in re Contempt or an OSC to modify child custody to seek custody of the child/children as a result of the custodial parent's intereference with your visitation rights. If you don't have court ordered visitation, file an OSC for visitation or modification of child custody. If you haven't been ordered to pay child support to a county or state agency (such as the California State Disbursement Unit, POB 989067 West Sacramento CA 95798-9067, 1/866/325-1010, www.casdu.com) on behalf of the other parent, you can pay the other parent directly. However, you will get in trouble if you have so been ordered to pay child support to such a a county or state agency and you try to skirt that order and pay the support drirectly to the other parent.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Posted

In California, if the court has granted visitation rights to a non-custodial parent, then the custodial parent will be violating the court order if he or she denies visitation rights. The non-custodial parent who has been denied of visitation rights can petition in court to the enforce the visitation rights and also request the police and/or local child support agency to intervene and assist him or her to exercise the visitation rights. All child support payments must be made through the California State Disbursal Unit. Payments made directly to the custodial parent may not be considered as child support and can result in enforcement actions.

The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.

Posted

In California, if the court has granted visitation rights to a non-custodial parent, then the custodial parent will be violating the court order if he or she denies visitation rights. The non-custodial parent who has been denied of visitation rights can petition in court to the enforce the visitation rights and also request the police and/or local child support agency to intervene and assist him or her to exercise the visitation rights. All child support payments must be made through the California State Disbursal Unit. Payments made directly to the custodial parent may not be considered as child support and can result in enforcement actions.

Read and learn more about child support and child custody, please visit our links.

Lauren Hemman
Thomas Hogan Law Office
268 14th St.
Oakland, CA
94612
Tel. #: (510) 722-1829

The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.