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Why are child support and visitation handled separately in court?

Thomasville, GA |

My husband's ex wife moved 200 miles out of state with the children - he was never consulted and it was not approved by the courts because she never filed a request to move. She has since filed for CS enforcement in her state of FL and a review for modification in our state of GA.
My husband pays CS every month and we are scraping by as it is. On the rare occasion it is convenient for her - we can go down for the day to see the son as the daughter is being with held from visitation. He has joint legal w/ court ordered visitation. We have to travel the whole way for any visitation which has caused a increase $$/time in travel for us.
She is purposely giving out an old address as all letters relating to the CS are to a residence we moved from 3 yrs ago and she is aware of the move.

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Attorney answers 2


You asked why they are separate and the answer simply is that's what the law provides. Most custody orders do NOT require approval for moving. If this one does, a contempt can be filed. Note that a good lawyer would help a lot here. I recently got (and it wasn't hard) child support enforcement to dismiss their case because support was being addressed in another case, and since support can be addressed in a modification, a good attorney will help you a great deal.

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You need to check your custody order. In most cases, the spouse does not need approval. However, in family law, divorce may be permanent but custody and child support are not necessarily so. Though they are separate actions, a parent may move for modification of support or custody based on a substantial change in circumstances. Please contact me if you need any help.

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