The child support obligation and the right to visitation for parents in Ohio are separate legal matters. If you’ve been told that you have a right to see your children because you pay child support or that if you stop paying child support, you will lose the right to see your child, it’s not true.
Under Ohio law, a father generally has equal parental rights to the mother, enjoying the right to spend time with his children regardless of child support payments. However, a father’s rights can be suspended or removed completely if ongoing contact is adjudged by the court to be contrary to the child’s best interests.
Let’s take a closer look at these important matters.
Child Support and Visitation: Separate legal matters under Ohio law
Although child support and parenting time (visitation) in Ohio are often addressed during the same mediation or collaborative law sessions between parents, they are treated separately by the Ohio courts. One is not dependent on the other and neither parent has the right to withhold visitation if their ex-partner stops paying support. Doing so is a violation of family law in Ohio.
Visitation rights are established for the “non-custodial” parent based on the child’s best interests rather than the custodial parent’s interests. Similarly, a father who pays child support is not automatically granted the right to spend parenting time with his child.
Sometimes, the Ohio courts order a parent to pay a high amount of child support but deny the father visitation rights because it is deemed contrary to the best interests of the children. In other cases, the parent’s adverse financial position results in a low child support amount but has no impact on the parenting time schedules between the parents and the child.
How are visitation rights determined in Ohio?
The allocation of rights and responsibilities (“child custody”) and parenting time (“visitation”) are essential matters to be resolved when parents divorce or separate in Ohio.
Parenting time allows the child to spend time with the parent with whom he or she does not normally reside. A detailed parenting schedule outlines the specific times and days the parent can see the child. This must either be organized by parents in their divorce agreement or ordered by the court according to the best interests of the child.
When determining the child’s best interests, the courts will consider the following factors:
- The child’s age, maturity, and ability to articulate their wishes.
- The child’s relationship with each parent.
- Each parent’s ability to provide a stable and nurturing environment.
- The child’s adjustment to home, school, and the community.
- The child’s mental and physical health, as well as their safety and well-being.
- The child’s wishes, if mature enough to express them.
Are there valid reasons to change visitation rights?
Once parenting time has been agreed upon by parents or ordered by the court, the terms must be followed unless there is a court-approved change to the arrangement.
Sometimes, circumstances change significantly and the present schedules are no longer in the child’s best interests. This could warrant filing a motion for modification of parenting time in the Ohio courts.
For instance, if a father is accused of abuse, neglect, substance abuse, criminal behavior, or living with a partner who may pose a danger to the child, the mother may request a modification of parenting time with the courts. None of the reasons cited automatically reduce or suspend parenting time for the father. However, if the court rules that the present schedule is not in the child’s best interests, it can and will be modified.
Can a mother prevent a father from seeing a child by excusing him from child support?
Child support is the right of the child in Ohio. As such, it cannot be “bargained away” by either parent. So, if a parent attempts to “make a deal” with the other parent whereby they are excused from paying child support in return for agreeing not to see the child, this is unlawful.
Any changes to child support and visitation rights are only legitimate and enforceable if ordered by the appropriate Ohio court.
How can a father obtain visitation rights in Ohio?
A married father who is going through a divorce has the automatic right to spend adequate parenting time with his children, providing no evidence exists to say that it would not be in the child’s best interests.
In contested divorces that turn particularly acrimonious, a father may be prevented from seeing his children. In such cases, the father can petition the court to be allowed to spend time with the children through court-ordered visitation.
Do unmarried fathers have the same visitation rights as married fathers in Ohio?
For unmarried fathers, the same presumptions do not exist as with married fathers. Automatic visitation rights do not apply even if the father is paying child support. Before the father can enjoy paternal rights, he will need to establish paternity either through an Acknowledgment of Paternity Affidavit (signed by both parents), an administrative order of paternity (after genetic testing), or a court order.
A paternity test is usually part of the court process that establishes parental rights for an unmarried father.
What happens if visitation rights are violated?
If the custodial parent denies the father access to see the child, the father can file a contempt motion with the court or petition the court to enforce or modify the parenting plan. This process generally requires the assistance of a qualified Ohio family lawyer, as supporting evidence will be required and the opposing party may contest the issue.
Importantly, do not stop paying child support if you are prevented from seeing your child, as you will be in breach of a court order. Essentially, two wrongs don’t make a right. It’s best to pay the support and seek remedies through the court for the separate issue of parenting time.
Can a father stop paying child support?
Stopping payments of child support because you are not permitted to see your children is a breach of a court order and will reflect poorly on you as a father. Payments can be enforced by the county’s Child Support Enforcement Agency (CSEA) in Ohio.
If you believe there is a valid reason to stop paying child support, first consult with a child support lawyer in Ohio, who can advise you whether there are grounds to petition the court for a modification of the child support order. Until then, continue to pay support.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your circumstances in detail and to learn how our experience and resources can work for you.
