It is time to balance visitation and support.

Parents are responsible for the emotional and financial support of children they bring into this world.

So, if children rely on stable financial and emotional security to grow up as responsible citizens of society, why aren’t their monetary and emotional needs handled in the same court under the same order? Seems counterintuitive to hold separate court meetings to decide a child’s needs.

Let’s see what experts believe, and what the law says about the subject of visitation and child support.

What experts believe

The lack of a legal link between contact and monetary support might be the end result of a lack of governmental plan to improve the delicate relationship between the child and the non-resident parent, which is normally the putative father.

If the level of visitation rights or the costs of maintaining contact with the child do not affect child support, this suggests that the role of fathers is regarded mainly as that of “main breadwinner”, with less attention paid to cultivating a social, caring relationship between the father and child. That also suggests that the state is more concerned about the father’s financial performance rather than establishing a healthy balance between a child’s emotional and physical health.

Establishing a connection between visitation rights or alternative residence (including joint parental authority) and support when calculating such contributions is undeniably important. In such systems, however, the frequency of contact or alternative residence influences not only the amount due, but sometimes whether there is a duty to pay child support, period.

This issue has lately evoked intensive discussions in some systems. America’s juris professionals regulate the child’s right to contact and his/her right to child support totally separately. However, there are some state legal systems where legislation is starting to come around for children and the non-resident parent, although new laws are years from coming to fruition.

What the law says

Non-resident parents cannot deny their child financial support regardless what their custody rights are. As such, custodial parents may not deny visitation to a non-paying parent. What’s shocking, however, is that a 2011 Census report underscored that custodial parents receive full child support payments nearly every time when an active visitation order is in effect, whereas that figure drops to 30% when visitation is denied, or inconsistent.

From a legal standpoint, non-resident parents may be fit enough to maintain gainful employment, but may pose risks to their child due to violent criminal histories, mental instability, or similar issues. Therefore, when deciding visitation cases, the burden of proving the non-custodial parent is fit rests solely on that parent. With child support, almost everyone is fit to work.

Additionally, child support orders can be established administratively since Title IV of the Social Security Act empowers local child support offices to handle such matters. Visitation must be established by court order.

What your attorney can do

If you’re a custodial parent interested in engaging the putative parent so visitation can be established, your attorney can assist. Bear in mind an attorney cannot force a parent to visit their child, so it’s ultimately up to them.

However, if the putative parent wants to establish visitation, and you fear their current lifestyle or past behaviors may jeopardize the physical or mental health of your child, it’s important to engage your attorney. By showing cause, they can prevent visitation from being established without hindering your ability to receive child support.

Society may be years away from conjoining visitation and child support under the same order, yet both parents can expedite how these orders get done by continuing to show love for their children, working together to provide the love and care each child deserves, and being a positive influence.