QUESTION

Can vistation be held back in the case of a deadbeat dad if child support is spotty and currently 5 months in arrears?

Asked on Dec 21st, 2012 on Family Law - Texas
More details to this question:
Support was almost non existant during the marriage and has remained that way after the divorce. The man was charged with sexual assault on a woman other than his wife that caused the divorce filing about 18 months ago. He is currently employed but still has not been on time with any support payments and is currently 5 months in arrears. The state of divorce filing is Texas.
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3 ANSWERS

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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In Texas, each parent is entitled to have a relationship with the child. The fact that the father is delinquent in paying child support does not change the fact that he has the right to see the child. Your divorce decree has what's known as a visitation schedule, which you and your ex-husband should follow as it clearly indicates which days and holidays the father has the right to access the child. The standard visitation schedule is included in most divorce decrees where there are children born of the marriage, but sometimes courts approve custom visitation schedules. In either scenario, the court is obligated to determine what is in the best interest of the child.    To address your child support obligations, please be sure to contact the Texas Office of the Attorney General's child support website, where you can identify the local child support office for further assistance: https://www.oag.state.tx.us/cs/parents/index.shtml   If you have more questions, please feel free to contact 713-574-8626. 
Answered on Dec 27th, 2012 at 3:56 PM

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Family Law Attorney serving Arlington, TX at Barnes Prox Law, PLLC
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In a nutshell, the answer is no and you can be held in contempt of court.  In Texas, failure of a party to pay court ordered child support does not justify denying that party court ordered visitation rights (possession of or access to the child or children).   Also, this holds true if one party is refusing to pay child support because the other party is not allowing access to the child.  Keep in mind, visitation and child support are separate matters and not contingent upon what the other party does or does not do.  I encourage you to contact a local attorney who can address your issue with child support arrears. 
Answered on Dec 26th, 2012 at 10:03 PM

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Visitation and child's support are not reciprocal rights or duties. You can not withhold one due to failure of the other, or you will be in contempt . I suggest you contact a good attorney in your area to fix your possession and safety concerns and enforce the child support.
Answered on Dec 24th, 2012 at 8:54 AM

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