Does back child support affect custody rights?

On Behalf of | Aug 21, 2023 | Family Law

If you find yourself in the middle of a dispute over child custody, you could have an overwhelming amount of stress. Whether you are getting a divorce and want to protect your relationship with your child or you are a noncustodial parent dealing with the denial of your custody rights, it is crucial to have a thorough understanding of your options.

It is important to review various issues, from factors that courts go over when working to safeguard your child’s best interests to the potential impact unpaid child support can have on custody rights.

Child support arrears and custody rights

The North Carolina Judicial Branch addresses the relationship between child support and child custody rights. It is essential to understand that custody rights do not depend on child support payments.

Therefore, if a noncustodial parent fails to pay child support on time, this does not automatically mean that the custodial parent can prevent them from spending time with the child. Instead, custody rights depend on a parent’s relationship with his or her child and whether that serves the best interests of the child.

Addressing child custody matters

Every custody case is unique, and it is crucial to understand how child support payments and other factors could affect your case. You should realize that failing to pay child support could have a negative impact on a parent’s custody rights. For example, the court could take a parent’s refusal to pay support into consideration when awarding custody rights and deciding whether the parent can serve their child’s best interests.