While there was evidence of the husband’s present earnings, there was no evidence of any change in the husband’s financial status since the divorce decree which included alimony was rendered. Compare
Peace v. Peace,
Under the decision in
Gallant v. Gallant,
The original decree as well as the instant decree provided that the father would not be entitled to visitation privileges unless the child support payments were current. This part of the decree is enumerated as error. No decision of this court directly in point has been cited by counsel for either party and none has been found.
In
Stewart v. Stewart,
Alimony for child support is for the support and benefit of the children, and the mother holds such funds as trustee for the children. See
Thomas v. Holt,
As to visitation between the child and the parent not having permanent custody, it is well stated in Corpus Juris Secundum: “Since minor children, notwithstanding the divorce, are entitled to the love and companionship of both parents, and the well rounded development of a normal child demands an association *784 with both parents, the decree, within the discretion of the court, may and, under normal circumstances, should include a provision permitting the parent deprived of their custody to visit or communicate with the children under such restrictions as the circumstances may warrant. A divorced parent has a natural right of access to his child awarded to the other parent, and only under exceptional circumstances should the right or privilege be denied, but the welfare of the child must receive the paramount consideration in the determination of this matter. This privilege must yield to the good of the child, and may be denied to either, or both, parents, where the best interests of the child will be served thereby. Even the guilty party is usually allowed this privilege unless morally unfit to associate with the child.” 27B CJS 478, Divorce, § 312.
While other states are divided upon the question of visitation privileges being dependent upon payment of child support (see cases cited in 27B CJS 481, notes 4.10' and 5), the better rule appears to be that visitation should not be made dependent upon payment of child support. The wilful failure to pay child support is punishable by contempt or by fi. fa. (see
'Code
§§ 30-204, 30-208), and the refusal to comply with an order requiring compliance with visitation privileges in custody decrees is punishable by contempt (see
Neese v. Nance,
On the trial of the case it was stipulated: “the defendant’s intended move to Florida was a circumstance that arose subsequent to the February 5, 1969, order of the court and that transporting the children of the parties back and forth between Cook County, Georgia and Fort Myers, Florida, in order to comply with terms of the order of February 5, 1969, would adversely affect the welfare and best interest of the said children; and that the order of February 5, 1969, should be modified and changed to prevent this adverse interest from occurring.” In view of this *785 stipulation, it cannot be said that the trial court erred in modifying the custody decree so as to prevent the children from being transported weekly between Fort Myers, Florida, and Adel, Georgia,- during the summer months. No error is shown by this, the sole remaining enumeration of error.
Judgment affirmed in part; reversed in part. •
