NO. You cannot deny, limit or cancel visitation or parenting time in Rhode Island as a result of failure to pay child support. If you are in need of child support assistance in RI, contact a child support attorney.
Failure to pay child support is not an excuse to cancel or deny a parent visitation
Nonpayment of child support or contempt for failure to pay child support is not a justification to deny your ex a visit with your child. It makes no difference whether you share joint custody or whether you have sole custody of your child.
Denied visitation no court order
All Rhode Island Family Court Judges and Magistrates believe that it is not appropriate to punish a child by denying visitation merely because a person is not supporting the child. If a person is behind on child support or has failed to pay child support for the child then he or she must file a contempt motion in RI Family Court. If the other non-custodial parent is always late in payment, is thousands of dollars in arrears or never pays child support, that is still not justification to refuse visitation with the minor children.
- consequences for denying visitation
- when can a child refuse visitation with non-custodial parent?
- reasons to withhold visitation
- if a father doesn’t pay child support does he have rights
Contempt for denial of visitation | cancel visitation
If you deny visits because your ex is a “deadbeat” or is in noncompliance with a child support order then you could be held in contempt for failure to comply with a visitation order. If you are repeatedly found in contempt of a child visitation order in Rhode Island then you could lose custody / placement of your children.
Child support lawyers in RI
If you are unhappy with the visitation order or want to modify visitation then you must file a motion to modify visitation. It is not appropriate to use failure to pay child support as a justification to unilaterally impose a different visitation schedule then the court order. If you are unable to pay your child support and there has been a substantial change in circumstances then you must file a motion to modify child support or a motion to suspend your child support rather than unilaterally stop paying child support.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.