Father says he is not going to get his child for visitation anymore…one week after child support modification hearing.
Mother has primary custody, father has liberal visitation and has always had access to said visitation but has never in 9 years taken it as outlined in custody agreement (always taken less).
I believe he is doing this to get out of paying child support…can he give up his rights to avoid child support obligation?
Child support and visitation are two different issue’s. Even if the other parent doesn’t want to spend time with the child, it doesn’t mean that he is not held responible to pay child support. Your child support will not stop.
It is rare that the courts take away a parents rights and I don’t believe that a parent can “give up” their rights without a great deal of legal work. If your ex is giving up his time with the child then that will only affect the amount of child support where it pertains to the number of overnights with each parent. Parents can not be forced to take their visitations and this is something that you will need to work through with your child, but it would not affect his financial responsibility…especially after 9 years of paying child support.
A parent cannot voluntarily terminate their parental rights to avoid child support.
Ok, so if this does not effect his child support what about the fact that we have a custody consent agreement and he is not following that agreement…is he in contempt of that agreement and can I file a motion to show cause…
You could file a Motion to Show Cause for failure to comply with the terms of the order. Most judges may hold him in contempt, but without an adequate remedy for you. They would not have a good way to “force” him to exercise visitation. If he chooses not to be readily involved in your children’s lives, that’s ultimately their loss, unfortunately.
Thank you for your honest reply…It is definitely his loss and honestly he’s just not worth my or my daughter’s time…