Legal Question in Family Law in Texas

Child support

If child support is not paid to spouse,does non-paying spouse have legal right to visitation,of children?


Asked on 6/29/00, 4:40 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Child support

Yes. Child support and child visitation are mutually exclusive concepts.

While it often occurs to custodial parents to withhold visitation because support hasn't been paid, this is a terrible idea because the parent-child relationship concerns much more than money and many judges will have a fit when this happens.

If there is a problem with child support return to court, don't give in to the temptation to kill the visitation.

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Answered on 9/06/00, 9:40 am
Bob Leonard Bob Leonard Law Group, PLLC

Re: Child support

Possession and child support are totally separate. A parent can enforce either one, but cannot withhold one because of the other. Not only is that not the law, but there are few things that will make a judge get in a parent's face more than that.

In other words, if the non-custodial parent is not paying child support, the remedy is to enforce the child support order, not withhold possession rights. If a custodial parent does not let the other parent see the child, the proper remedy is to enforce the possession schedule, not withhold child support.

Few things in family law are as black and white as this concept.

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Answered on 9/05/00, 8:26 pm


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