Legal Question in Family Law in Texas
Final decree states 6-8pm on child's birthday I get visitation. my daughters birthday was yesterday and I was not able to get to my child until 6:30 and the mother refused to answer the door and claimed since I was not there by 6pm on the dot that the agreement was null and void and I did not get to see my child on her birthday. Is that legal? Also I am 2 months behind on my $700/month child support. Thank you!
1 Answer from Attorneys
Most judges whom I know would say that you waived your visitation by being that late. You need to get caught up on your child support before she hauls you into court and tried to put you in jail.
However, under the law, she has to follow the visitation order even if you're not paying child support as required and you are required to pay child support even if she's violating the possession order. Those are two separate obligations.
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