Question asked on Aug 07th, 2017

Q: A no bail bench warrant was issued through the District Attorney’s child support enforcement office for failure to appear at our last “pay or stay” court date. He owes appt $15,000 in back support. No payment has been made since December 2016. I am concerned that if the children are in his care when he gets arrested it will cause emotion harm.

A: There is no statute (or case) stating that the existence of a warrant constitutes grounds to withhold visitation.  The safer course would be to file a motion, stating your concerns, and asking to modify visitation accordingly until the warrants are cleared up.

Marshal S. Willick
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