I have been divorced for 3 years. We have a court order stating when he can have visitation and what holidays are his as well. He has not paid me child support in over 6 months and is over $3000 in arrears. I recently filed and ex-parte to stop his overnight visitations as well as his weekly visitations since he has no where to bring them and I don't want my 6 and 4 year old hanging out in a McDonalds or Burger King until he has to bring them home. I got the ex-parte granted for the overnights but not for the weekly visitation, is there anything else I can do?
I am sure that the court was sympathetic and wished the children did not have to see their dad in poor circumstances. However, the court is not going to eliminate parenting time unless it is contrary to the best interests of the child.
That your former husband has financial difficulties and that he is probably causing financial difficulty for you is unfortunate, but it does not change the fact the children still need to see their father. This is the reason that access to visitation is not conditioned on the payment of child support.
Under almost all imaginable circumstances, seeing a dad suffer through homelessness is not a positive thing for a child. If there is a way for you to facilitate visits that are more appropriate, you should do so.
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