Child Visitation Rights
Frustration of visitation occurs when the custodial parent somehow creates obstacles to the non-custodial parent's contact with the child. The obstacle could be an innocent, accidental, isolated occurrence, such as an emergency trip to a doctor at the time of the non-custodial parent's scheduled visit. On the other end of the spectrum is intentional kidnapping or abduction-where one parent "disappears" with the child. Serious frustration issues can result in criminal prosecution. Less serious, persistent frustration scenarios could be grounds for modification or termination of custody rights, even if the non-custodial parent is delinquent in child support payments.
Visitation and Child Support
Again, of utmost concern to the courts is promoting the interests of the child. Love and affection with both parents-custodial and non-custodial-are considered critical. Therefore, visitation is considered vital, as it is the only road to the development of a meaningful relationship between a non-custodial parent and child.
Child support, on the other hand, is about the financial needs of the child and the ability of both parents to meet them. As exasperating as it can be, support and visitation are generally treated as separate issues. This article has said it many times because it bears repeating: Failure to pay child support is typically insufficient grounds to deny visitation to the non-custodial parent. If the custodial parent takes revenge by frustrating the visitation rights of the non-custodial parent (as above), the non-custodial parent could ask the court to change custody of the child.
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