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 (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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