Visitation

[Freddy1329]

Hi.  I have been separated for about 4 years.  Haven't gotten a legal separation or divorce.  I moved out of the house for different reasons and we agreed on divorce, but haven't gotten one yet.  I plan on starting the process very soon.  We agreed on my paying her $400 per month for my child.  Occassionally, I am late in giving her the money, maybe two or three days later.  She has stopped me from seeing my daughter, in the case that I'm late in paying her child support.  Does she have a right to do that?  If not...what can I do about it?  

She has even kep me from seeing my daughter for a few days, till I give her the money.  Am I wrong in anyway way?

Any advice would be greatly appreciated.  Thanks.

[kiddosmom]

Until you go to court there really is nothing you can do, but make sure you file first. Get you a lawyer asap and start action.
Child support and visitation are two completely seperate matters, and she cannot by law keep you from your child once court orders are set.

[Lawmoe]

Child support and parenting time are unrelated issues. She cannot deny you parental access because child support is not paid and you cannot withhold support to see your child.  They are mutually exclusive issues.

Unfortunately, you can do nothing about the denial without a court order granting a specific schedule to each party.  Until there is an order either party may have the child at any time.

You should also recognize that agreements with regard to child support are not binding on a Court.  You must have any child support obligations memorialiized as part of a Court Order and, in most states, the Court will scrutinize teh child support award to determine whether it complies with child support guidelines or whether there is a basis for a deviation from those guidelines.