(+ video) Child Support and Child Custody / Visitation are Two Separate, Unrelated Things…
Hey everyone, Stephen with Foxtrot Family Law. We’re going to try to do a shorter video today but I really want to hit on one quick important thing and that is that child custody and visitation on one side and child support on the other side are two completely different things. They’re like rails of a train track that run parallel to one another but do not intersect custody and visitation is not dependent on support. Paying support is not dependent on getting your custody and visitation. If you’re having issues in either of those areas, feel free to call our office at Foxtrot Family Law at 256-213-1694. Visit our website at www.ThinkFoxtrot.com or get in touch with another attorney in your area that practices in the world of child custody and child support.
I heard something in this area that worried me and that I wanted to speak about and make a video about because I want to inform you guys that what I heard is not how it works and people are making uninformed decisions that are hurting both themselves and their children because of a lack of information. And these are people that are not going after the other side for child support because they have the misinformation that as long as they’re not making the other side pay child support, then the other side has no rights of custody or visitation. That’s wrong. That doesn’t exist. That’s not the law. If you are not getting the funding, the financial resources, the investment from the other side that your child deserves, you need to get it. Believe me, somebody who’s been out of the picture for a year or three years or five years is not going to start showing up out of nowhere every other weekend just because you’re garnishing their paycheck and getting the funds that you and your child deserve. And, in fact, the law is that that’s your child’s right to child support and that technically speaking, you’re interfering with your child’s rights. And, in theory, that can be held against you if you’re not pursuing that, doing what you’re supposed to do.
Again, even if the other side comes back or threatens to get some kind of custody or visitation, you can explain to the court system, have your lawyer explain and advocate and argue that this person has been out of the picture, that they are not a positive presence in the child’s life, but that the financial resources will serve the best interests of the child. So don’t be afraid to go get what you and your child deserve just because you’re afraid of what the Other Side might do. That’s how the Other Side wants you to think. I call that being held hostage by the Other Side. In fact, and even worse, your child and your child’s well-being are being held hostage by the other side. So do what you gotta do regarding child support. Treat that completely differently. Do what you gotta do regarding custody and visitation. Treat that completely differently.
And folks, if you’re the one that’s behind on child support and the other side is telling you, “you don’t get to see your child until you catch up.” That doesn’t exist. That’s not the law, either. Your child deserves and has a right to that relationship with you regardless of whether or not you’re up to par or up to speed on Child Support. So that works both ways. Again, two separate things. Think of them as two different causes of action. Two different claims, two completely different issues that you need to speak with a Child Custody lawyer about. You need to investigate, you need to advocate for separately addressed separately, and get the court to rule on separately so you can be effective in your child custody case. Thanks guys. Please like comment or subscribe below if you want to get more information like this. Otherwise we’ll see you next time. ~SW, Foxtrot