Legal Question in Family Law in Texas
Seperation Custody Laws
During the divorce process, while still in the seperation stage, if the non-custodial parent does not pay the child support as mandated by the court, does that non-custodial parent have the right to see his/her children? If the non-custodial parent is over 6 months past due on child support, does the custodial parent have to let the non-custodial parent see the children?
2 Answers from Attorneys
Re: Seperation Custody Laws
First, I assume you have an attorney and you should talk to your attorney.
Second, visitation and child support and separate issues. You cannot withhold visitation because the other party is not paying child support.
If you do, you can be held in contempt.
Of course, the other parent is in contempt for failing to follow a court's order.
Good luck!
Fran Brochstein
www.FamilyLaw4U.com
Re: Seperation Custody Laws
Fran's answer is correct. If you file a motion to enforce the child support, your soon to be ex may wind up in jail for contempt. That would make visitation difficult. You will be in contempt if you fail to allow him visitation. Support and visitation are completely different issues and are not tied to one another.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
