Since separation custodial parent has denied parenting time and contact with child due to non-custodial parent being unemployed. Noncustodial parent has not made weekly payments as required by court but has made 1 to two payments a month even though unemployed. Noncustodial parent has moved out of state but still maintains contact with his child through his family who provides to and from transportation to school and after school care as well as weekends. What an be done thru a court. Arrears are 4K. Non custodial family provide for child since they are in the same state. Father would like to establish parenting time.
If you are being denied parenting time, file an enforcement motion. Access to the child is not dependent upon financial issues like support.
As Mr. Ricci states, parenting time is not at all dependent on the payment of child support. They are two separate and distinct issues. You can file a motion asking the court to order regularly scheduled parenting time. However, if you are the "payor of the child support, you may possibly receive a cross-motion asking for regular payments (as opposed to sporadic payments), as well as some weekly amount towards the arrears. Just so that you are aware, temporary unemployment is not grounds to reduce child support. And, if a cross motion is filed, you should produce evidence to the court that you are actively seeking comparable employment, i.e., letters enclosing resumes, rejection letters from the employers that you applied to, dates, times and results of interviews, a list of cold calls that you made and the dates that you made them, any applications that you submitted on the computer, etc. etc. I wish you luck in resolving these issues.
Child support and parenting time are not contingent upon one another. In other words, just because pay doesn't mean you have parenting time and if you don't pay it doesn't mean you shouldn't have parenting time. If this is a court order granting you parenting time, you should file an enforcement motion. If there is not an order for parenting time, file an application requesting its establishment. Be sure to address transportation, holidays, vacations and phone contact. If it has been some time since there has been contact between the parent and children, then the courts may want to start slow with reunification therapy and/or supervised visitation. Baby steps are likely but be patient. You would be best served by having counsel represent you for the application.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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