Hi, Ladies! I am the custodial parent and David and I are oint Managing Conservators of Ashlee. He is ordered to pay child support, we have standard visitation and he is supposed to carry health insurance. Well, he is $3000.00 behind on his payments because he has not worked since August and now, since the 28th of Dec he has been living in his truck or staying with friends. Do I have to play nice on visitation or can I just be cold and tell him he can't see his daughter until he can show me proof of residency? I have met him at the park one day and took her to the VFW (he was doing comm. service - yes another issue all togehter) another day so he could see her. Truthfully, it is stressing me out because it is always a guilt trip and a sad story but in all seriousnees, HE PUT HIS OWN SELF IN THIS SITUATION!!! I really want to tell him "unitl you get an address, youcan't see your daughter". Do I have any leg to stand on here?
Okay - Thank you all for the advise!
Ask your lawyer. But keep in mind that the person who would get hurt most by keeping them apart would be your daughter.
You may need to consult your lawyer. But if he is living out of his truck then I think you can certainly say absolutely no overnights (would she just sleep in the truck, too?!). You have to let her see him, but I don't think any judge would not support your decision to not let her sleep in a truck!
i wouldn't deny visitation but i would definatly say until you get a home, no over night visits and you need to come to my home or we can meet in a neutral location and that's perfectly legit so she's not sleeping in a semi at a truck stop all weekend
but you can't use child support as a reason to "hold her hostage"..that will back fire on you QUICKLY...and no offense, but 3000 behind is NOT BAD i've seen more and my dh is further behind than that....(not of his doing and will not explain why
but be thankful you ARE getting cs i've supported my dd full time with NO HELP and i can't make him pay what he SHOULD'VE paid...
never have received a dime....but all that is about to change
If his visits are overnight visits, I would say you definately have an argument that he can't take her overnight if he doesn't have a place to stay. Child support and visitation are two completely different issues. You can not refuse visitation because of child support being behind.
You cannot go against a court order, all he has to do is call the police and they will make you let her go. He doesn't have to have a residence in his name, all he has to have is someone who says he is staying there during the visit. I know it stinks but you must talk to your attorney and have him file papers to get this legally addressed.
A judge can amend the visitation order but most likely won't due to no child support payments. They can't make him pay to get visitation. They can, however, give him a time limit to get established in a home and have a follow-up court date. They may have him do his visitations at a neutral place like McDonalds or a park. They may even appoint a CASA worker to participate. I don't know about that for sure, they may only be involved in State custody cases.
I think it depends on where your order says visits need to take place if it doesn't I would think you still have to allow visits either or at your home or some neutral turf
She can't spend the night w/him if he doesn't have an apartment or house. Or not a permanant residence. I would contact an attorney to be sure but .... in my opinion, no overnights AT ALL until he is living somehwere.
