Legal Question in Family Law in North Carolina

My husband is not being able to see his child because he hasn't paid child support in 2 weeks because we're short on cash. We have 2 kids ourselves so things are tight. Is she allowed to keep his daughter from him like that?

Asked on 4/26/13, 4:35 pm

1 Answer from Attorneys

Judy Tseng Wake Law Office

No, visitation should not be dependent on child support payments. This sounds like there is no court order in place regarding visitation/custody. He needs to file a custody action in the county where the children live to get a visitation schedule made as a court order. If he cannot afford to hire an attorney, sometimes the clerk's office will have a packet on how to file a custody case pro se. Good luck!

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Answered on 4/27/13, 9:30 pm

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