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cjonline · Dec 3, 2008, 12:38 PM

My brother lives in TX and his girlfriend has a child with someone else. The courts granted her support, it’s pretty low because the child’s father doesn’t work. He has not paid anything ever, it just adds up. The child's father now wants to see the child, mainly just to aggravate the situation and get between my brother and her. My brother’s girlfriend is under the impression that if her ex is not caught up paying the support she won't have to let him see the child. In Texas is that how it works?

He doesn’t have any visitation rights and she has full custody. That alone lets her keep the child from going for now but he says he will file paperwork to see the baby if she doesn’t let him. I told her he has the right (or could get the right) to see the baby and he can go to court to enforce visitation even if he is behind on support. She says no its not how it works in Texas.

I was under the impression that all the states are basically the same. Visitation, custody and support for the most pare are separate issues. My brother keeps saying that they are very hard on “Deadbeat Dads” there and its “pay per view”. You don’t pay the support you don’t see the child.

Can someone confirm either way?

ScottGem · Dec 3, 2008, 01:33 PM

As far as I know, every state keeps child support and visitation as separate issues. Child support arrears are not considered when considering visitation.

If there is no visitation order, then she can withhold visits. But if he goes to court for visitation rights, then his child support status will be inadmissable.

cdad · Dec 3, 2008, 01:41 PM

Originally Posted by cjonline

My brother lives in TX and his girlfriend has a child with someone else. The courts granted her support, it’s pretty low because the child’s father doesn’t work. He has not paid anything ever, it just adds up. The child's father now wants to see the child, mainly just to aggravate the situation and get between my brother and her. My brother’s girlfriend is under the impression that if her ex is not caught up paying the support she wont have to let him see the child. In Texas is that how it works?

He doesn’t have any visitation rights and she has full custody. That alone lets her keep the child from going for now but he says he will file paperwork to see the baby if she doesn’t let him. I told her he has the right (or could get the right) to see the baby and he can go to court to enforce visitation even if he is behind on support. She says no its not how it works in Texas.

I was under the impression that all the states are basically the same. Visitation, custody and support for the most pare are separate issues. My brother keeps saying that they are very hard on “Deadbeat Dads” there and its “pay per view”. You don’t pay the support you don’t see the child.

Can someone confirm either way?

According to what I have read there may be a way for Texas to keep the NCP out of a child's life ( deny visitation ) if child support isn't being paid.

Texas Child Custody Laws

Check line number ( 1 ) under physical custody and you will see they have left it wide open for denial.

cjonline · Dec 3, 2008, 01:50 PM

Wow thanks for the info.

She is very vocal about the fact that he can't see the child because he hasn't paid support. She said the judge told her if he paid the support than he can see the child. Being involved in the courts here and having been trough the visitation/support issues myself, I just can't see a judge saying that but I guess they may have.

As she so often says “You're not in Texas so you don't know the laws here.” So I thought I would ask someone that is there.

ScottGem · Dec 3, 2008, 01:56 PM

I read the link that califdad posted and the actual statutes named. And I'm not seeing what he saw.

Other than the statement that the court must keep the best interests of the child uppermost, there is nothing that indicates child support payements or lack of them shall be considered in terms of deciding visitation.

cdad · Dec 3, 2008, 01:58 PM

Im not saying that they will deny him visitation but they have left a gaping hole in the law to pretty much do as they please. My opinion is you don't punish the child for the parents deeds. They should always act in the best interest of the child. But as more courts go through these types of issues the more they are tempted to play god.