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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30385
Experience:  Attorney with experience in family law.
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Can I stop my child's father from seeing s son if he called

Customer Question

Can I stop my child's father from seeing his son if he called and asked to see him? We have a court order but since then he has moved to another state and hasn't paid child support since then.
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You are unfortunately bound by the court order unless or until you have it changed. His refusal to pay child support only means you no longer have to let him see the child if your court order specifically says so. Otherwise, your option is to file a Motion for Contempt of Court. You could also contact the Attorney General in the state where he is now living, send them a copy of your order, and ask them to help you collect it.
If the father's move makes it impossible to follow the prior custody order, then you have the ability to file a Motion for Modification of Custody, explaining why the order cannot be followed anymore and asking for it to be changed. You could also ask the judge to enter a clause stating that you can refuse visitation when child support payments are past due. The judge has discretion to do that, if there's an ongoing issue.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.