If you have lost custody, you may be wondering whether you still have to pay child support. Read on to learn more about paying child support in the event that a parent does not have custody or visitation.

What is sole custody?

In New Jersey, there are three types of custody:

  • Physical custody: This type of custody, also known as “custodial custody” is awarded to the parent with whom the child spends more nights of the week. This parent is mainly responsible for providing the child with basic necessities like a stable home, clothing, education, and more. In many cases, this parent receives child support to help supplement the cost of these staples.
  • Legal custody: Both parents can be awarded legal custody. This type of custody allows a parent to make important decisions in the child’s life. This may involve decisions about healthcare, religion, education, and more. If you are not awarded physical custody, you can still get legal custody.
  • Sole custody: In some cases, a parent will be deemed unfit. When this occurs, the fit parent is awarded sole custody.

Why do parents lose custody?

A parent may be deemed unfit for the following reasons:

  • Abuse
  • Neglect
  • Refusal to co-parent
  • Substance abuse

Can I regain custody?

The court does not want to separate children from their parents unless they feel it is necessary to do so. As a result, if you have lost custody, there is a clear reason for the decision. You may be able to regain custody if you can prove to the court that you have addressed the issue that caused you to lose custody.

Do I have to pay child support if I don’t have visitation?

When parents lose custody, they are often awarded visitation so that they can continue the relationship they have with their children. However, in some cases, a parent will not be granted visitation. In these cases, the parent still has to continue paying child support, regardless of whether they have visitation. It is important to note that failure to pay court-ordered child support can result in legal trouble.

If you have any questions or concerns, contact our firm today.

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.