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A parent cannot withhold payment of child support for failure of the custodial parent to abide by the visitation order. Often after a divorce or paternity order has been issued, the parent having primary custody of the child(ren) will refuse to follow the visitation order of the court.
When this happens, the first and most logical decision of the non-custodial parent is to withhold payment of child support. While this may seem a logical response to the fact that you have not been able to see your child(ren) as per court order, it is not “legal” to do so and will be frowned upon by the court.
So what should you do when the custodial parent refuses to allow you to see your child(ren) as per the court order? First, continue to comply with the court order by paying child support in a timely manner. Our firm understands that while this may be a difficult task given the fact that you have been denied visitation, it is critical to preserving your parental rights. Second, keep a calendar of the dates in which you were denied your court ordered visitation. Third, consult with an attorney that is very familiar with the laws in the state of Texas regarding child support and visitation.
If your former spouse, or the other parent, is refusing you the right to see your child(ren) you may be eligible for a modification regarding custody. The end result may include a reversal of custody – in other words, your child(ren) may reside with you and the other parent is required to pay you child support.
If you are in this situation concerning your child(ren) please contact the Setzer Law Firm. An attorney will be happy to briefly discuss your situation and then arrange for a more informative personal consultation.
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