Are you finally getting a divorce with your spouse? Do you know some of the basic legal matters that may affect your life after divorce? Have you contacted a lawyer to discuss the important items relating to the divorce proceedings, child custody, child support and visitation rights?
When it comes to divorce cases, there are many legal issues that need to be settled. The said proceedings are not limited to severing the marital ties between husband and wife. These cases also affect the children from the previous marriage. Questions that may arise include the following:
- Where will the kids live?
- How will the parents support them?
- Are the children allowed to see their non-custodial father or mother?
- Who will shoulder their educational expenses?
The most common mistake that parties make is that they confuse child support from the visitation rights of divorced parents, according to some lawyer in Waukesha. It must be noted that they are independent of each other. When we talk about “child support”, this refers to the obligation of the parent to pay for the expenses concerning his or her children. On the other hand, “visitation rights” pertain to the right of a non-custodial parent to visit his or her kids.
This misconception is the primary reason why some parents refuse to allow the other spouse from exercising the latter’s visitation right for failure to pay the child support. Under the law, this is prohibited. There is nothing in the statutes that provides that a party can prevent the non-custodial parent from visiting the children by reason of non-payment of the child support. It is not recognized as a ground to revoke the grant of the court for visitation rights.
If you are having a problem with this matter, it is better that you seek the assistance of a good attorney who has handled cases involving divorce. Your lawyer will be able to make you understand more about the situation. Just remind yourself that you cannot act arbitrarily. Just because the court has declared you as a custodial parent does not mean that you can already prevent the other party from seeing your children due to mere failure of complying with the child support. Always take into consideration the welfare of your children. Before you do any move, it is highly encouraged that you get a legal advice from your lawyer first. At the same time, you may also orient yourself with the special laws related to this issue.