Legal Question in Family Law in Texas

If a parent hasn't seen a child in 2 months hasn't paid child support in 3 months do you have to let him have the child Christmas being the standard visitation papers drawn up in Harris county say he gets him odd years. The child is 2


Asked on 12/06/16, 6:45 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Yes. Dad's visitation is not contingent on him paying child support.

However, if you read your order carefully, it has detailed provisions for the Christmas holidays. It will say that Dad's visitation begins, for instance, at 6:00 p.m. on the day that school lets out. Elsewhere in the order, it requires you to surrender the child to Dad at the beginning of his period of possession.

What this means is that you can wait for Dad on the appointed day until 6:00 p.m., and if he doesn't show up on time, you can take the children and go to Chuck E Cheese. If you are required to surrender the children to Dad at 6:00 p.m., it means 6:00 pm, not 7:00 or 8:00.

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Answered on 12/07/16, 2:22 pm


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