Can a father cut off support and still get visitation?

Also, can a father be convicted for possession of child **** and still get visitation?Finally, can a father drain all bank accounts for his own lawyers, leaving nothing for the children or his ex-wife and still get visitation?

Asked on September 4, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I take it from your question that the father has done a bunch of nasty stuff, including a conviction for possession of child pornography.  There are no black and white rules (or at least very few) when it comes to visitation and custody.  Was the father's offense a PC 290 crime that mandated sex offender registry?

  Read Family Code 3030, which states in part that, "No person shall be granted physical or legal custody of, or unsupervised visitation with, a child if the person is required to be registered as a sex offender under Section 290 of the penal code."

That said, if the court thinks its in the best interest of the child, it can still order Supervised visitation for father.

The bank account conduct and "cutting off support" don't really have anything to do with the custody proceedings.

Best of luck.

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