Legal Question in Family Law in Georgia

Do I lose visitation rights because I have not paid child support to my ex-wife

I have not paid child support to my ex-wife. She obtained legal sole custody in Colorado of our two daughters (8 and 12 years old) while I lived in Maryland. I did not have a job and could not afford appearing in court. She had used false arguments (that I threatened to kill her and the kids) to gain sole custody. Now I have a job and child support is being now withheld from my paycheck and sent to her. She says that she will not discuss child visitation with me because I did not pay child support. I am planning legal action in court. I speak often on the phone with the kids. We have a good relationship. Thanks.


Asked on 7/09/00, 1:47 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Do I lose visitation rights because I have not paid child support to my ex-w

You will need to go to court in the place where your ex-wife obtained the divorce, or where she and the children are now living, about visitation. I practice in Maryland, not in Colorado, but as far as I know you should be entitled to visitation according to the laws of every state, and a past failure to pay child support should not be relevant. Your bigger problem is going to be the evidence in the record of threats of violence. A court may want to award you limited or supervised visitation, at least initially, unless you can demonstrate that the accusations were false. I suggest you consult with a lawyer in the area where the children are living now.

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Answered on 9/08/00, 9:52 am


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