“I’m still married and living in Buffalo, in Erie County, but my wife lives with my son in Rochester and she is keeping my son. Do I still have to pay? Do I need to go to Erie County Family Court to get a court order?


Most likely, yes, you still have to pay. But you should go to Ontario County Family Court to get an order related to resuming your visitation.

Based on the limited facts provided, the best course of action is probably to bring either a “show cause” hearing, a petition relating to contempt, or a custody petition. However, first, you would need to have a custody order in place. If you are paying child support, I assume you have a custody order. Under the circumstances, the prudent course of action is to go to court, explain the situation to a judge, and get the court to order visitation to remain and you could also bring up the child support payments at that time.

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Although it may be unlikely that child support payments will be eliminated, under New York’s Domestic Relations Law, you do have the right to apply for relief from your child support obligations, if the custodial parent has interfered with visitation.  Alternatively, if the child has voluntarily abandoned the non-custodial parent (which is you in this case) without any good reason,  your support obligations may also be terminated.

If you have a question or concern regarding a similar matter, call an Ontario County Family Law Attorney today!

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