In most New York divorce cases, parents understand that, despite their own feelings toward the other parent, it's good for their child to have an ongoing relationship with both parents. In some cases, though, parents may wish to keep the child from visiting the other parent, especially if the other parent has not met his or her child support obligations. Is there a link between child support and visitation rights in New York State?
In general, child support is paid from the non-custodial parent to the custodial parent. Thus, child custody usually needs to be determined before child support arrangements are made. For various reasons, though, a non-custodial parent may not make his or her monthly support payments. In such instances, the custodial parent cannot prevent the other parent from visiting solely due to not paying child support. Since the custodial parent may understandably be upset, it's easy to see how a child custody dispute can arise from these circumstances.