Short Answer: No. In Virginia, child support and visitation are two separate legal matters. A parent cannot legally deny court-ordered visitation because the other parent has fallen behind on child support.

Jump to a Section

The Reality of Unpaid Child Support in Virginia

Virginia has a serious child support problem. According to the Virginia Division of Child Support Enforcement (DCSE), more than 374,000 children in the state are owed over $2.64 billion in unpaid child support.

But while this is a legitimate financial and social concern, it does not give one parent the right to block visitation or interfere with the noncustodial parent’s relationship with their child.

Child Support vs. Visitation: Two Separate Legal Issues

Let’s clear up a common misconception:

Child support is a financial obligation. Visitation is a parental right.

They are both legally enforceable—but they are not interchangeable.

You can’t stop a parent from seeing their child just because they owe money.

In Virginia, child support enforcement is handled by the DCSE. Visitation and custody orders are overseen by the family courts. Each system operates independently.

What If You’re Behind on Child Support?

Life happens. Financial setbacks like job loss, illness, or unexpected expenses can cause temporary hardship. If you’re falling behind:

What to Do:

  • Be honest with your ex – open communication can reduce tension.

  • Speak to a family law attorney – they may help you request a temporary modification of your support obligation.

  • Avoid evasive tactics – quitting your job or hiding income won’t work and could hurt your case.

Filing bankruptcy? You’ll still owe child support.
According to the DCSE:
“Child support is not a debt that can be discharged by bankruptcy.”

The Harm of Denying Visitation

When one parent uses visitation as leverage over unpaid support, the children are the ones who suffer. They lose valuable time and connection with their other parent—time that can’t be replaced.

Using children as bargaining chips is not just emotionally harmful—it’s illegal.

What Virginia Law Says About Visitation Rights

Under the Code of Virginia § 20-124.3, the court considers the best interests of the child when deciding custody and visitation. The law does not tie visitation to payment status.

Even a parent who is struggling financially retains the legal right to visit their children—unless a judge explicitly rules otherwise.

Watch for This Loophole

One part of the law gives judges discretion to weigh other factors:

“Such other factors as the court deems necessary and proper to the determination.”

If you have a history of not supporting your children (financially or otherwise), a court may consider this when revisiting or modifying visitation rights—especially in future custody battles.

What to Do If Visitation Is Being Denied

If your ex is refusing visitation because of missed child support payments:

  1. Document everything – keep records of all denied visits.

  2. Do NOT retaliate – don’t withhold support in return.

  3. Contact a family law attorney – file a motion to enforce visitation through the courts.

Your Kids Deserve Both Parents

Whether you’re facing unpaid support accusations or struggling with denied visitation, remember this:

  • Children need both parents.
  • Visitation is a legal right.
  • Don’t let financial hardship erase your presence in their lives.

Need Help with Visitation or Child Support Issues in Virginia?

At The Firm for Men, we focus exclusively on protecting men’s rights in family law. If you’re dealing with denied visitation, mounting child support debt, or custody challenges, we’re here to help. Call us today at 757-383-9184.