If my ex will not pay child support does he have the right to see his daughter?

Question

My ex has not payed child support to me for four months. I did let him see her all of last weekend I even let him keep her friday till Saturday for her Birthday. Now they want to come and pick her up but I'm so scared they aren't going to give me my daughter back. my ex, his mom, and his g/f were on the phone harassing me about coming and picking her up. I am so scared to leave for work and they are going to come in and take her from me. Should I call off work and tell them I have personal problem at home? If I do call off what do I tell them? I'm so scared right now.

Answer 1

everything is up to you if you want him to see her then that is up to you . he should pay child support if he is working. what makes you think he would not give her back to you? take it to court and meetings could be controlled so you would feel safe

Answer 2

If you live in the US...

Does Dad have court-ordered visitation?  If so, you have to allow the visit, even if he's behind on child support.

Why are you afraid he won't bring the child back?

Answer 3

The courts have determined that visitation and child support payments are not tied to each other.  So if this is his time to have her then you may have to let her go.  If it's not his scheduled time then don't.  But take him back to court to ensure that he pays what he owes for the last 4 months.

Answer 4

He is in Contempt of Court for not paying child support. File a Motion to Show Cause RE: Contempt.

However, you do NOT have the right to withhold visitation. Then you will be in contempt of court as well. Judges don't like seeing parents withhold visitation. Just because it is justifiable in your head, doesn't make it legal. Again, DO NOT withhold visitation.

But he can't just come and pick her up without you there either. Then that's child kidnapping/concealment... a felony.

There should be a visitation schedule set it place in a final order. Stick to that and nothing else. Be good, even if he isn't. Then file your motion for contempt to get your payments.