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I am suppos to receive child support but he doesnt pay! Does he have rights to his son even if he does not pay

His mom is great at coming around and being there for my son but her son is a deadbeat dad.Every now and then maybe every 2-3 months he will buy some diapers and give them to his mom to give to me. I had a child support conference and asked for supervised visitation because he drinks a lot and smokes marijuana on a daily basis. He did not agree with the supervised visitations so now we have to go to court. His mom watches my son while I work and I found out she lets him take my son when he wants. Is there anything i can do to stop him from taking my son without my knowledge. I know he has rights but he doesn't even pay his child support and he hardly ever sees my son only every now and then when he decides to come around to take him from his mom and even then his possessive girlfriend has him, and I don't know how my son is treated because he is only 7 months and cannot tell me. What advice could I get to take care of this situation.

Public Comments

  1. Yes, he does. His obligation to pay child support and your obligation to surrender your child for visitation are independent of each other. If he does not pay, you can ask the court to enforce the support. (If he is in jail for non-payment or hiding out, he will not be able to visit.)
  2. Get a different babysitter.
  3. You need to get full custody. Right now he has visitation rights regardless of his nonpayment of child support.
  4. Totally agree. Get another babysitter ASAP. If he isn't paying child support you have the right to cut visitation. Can bring all of this up when you have your next court appearance. Talk to your social service worker if you have one. If you don't, get one. Get proof of his drug use. Any charges brought against him for anything. You may have a strong enough case to get full custody of your son. His grandmother could arrange to visit your son at your convenience. Check things out. Depending on what State you live in, you may have more going for you then you think.
  5. ..simple...don't leave your sons side. and the two of you can communicate about what are child-care/rearing priorities. case closed.
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