Saturday, May 18, 2013

Is there a direct connection between child support and custody?

Q: I have full custody of my son. His father gets court-mandated visitation and has to pay child support. He never pays any child support, however. I know that in NY there is no connection between child support and visitation, meaning that a parent can still get visitation even if he doesn't pay child support. But can a parent try to fight for custody (and get it) if he's behind on child support? Thanks in advance.

A: David's Answer: Yes, he can, but non-payment of child support is a factor which may be considered against him in the overall "best interests" analysis. The reason for this is because the Judge will wish to consider his financial ability to support the child. -- David Bliven, Bronx Child Custody lawyer (

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