Non-payment of child support

Child Visitation Cannot Be Denied To Texas Fathers Because Child Support Is Unpaid

TEXAS Family Code 154.011: SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS.

A COURT MAY NOT RENDER AN ORDER THAT CONDITIONS THE PAYMENT OF CHILD SUPPORT ON WHETHER A MANAGING CONSERVATOR ALLOWS A POSSESSORY CONSERVATOR TO HAVE POSSESSION OF OR ACCESS TO A CHILD.

Added by Acts 1995, 74th Leg., Ch. 751, Sec. 40, eff.  Sept. 1, 1995.

A Custodial Parent cannot refuse or cut back on visitation of a non-custodial parent just because child support has not been paid. Many custodial parents use denial of visitation as an effective way of getting child support paid.  Such conduct is against the law and punishable by contempt.

A child has an absolute right to visitation and child support.  Absent compelling reasons, visitation with both parents is always considered in the best interest of the child. Non-payment of child support should be dealt with and enforced in a proper court.  The non-custodial parent is still very important to the child’s life and must be allowed to participate in her/his life.

Conversely, a non-custodial parent cannot stop paying child support just because a custodial parent is denying visitation.

This is very important! This is Texas law!  Unpaid Child Support and Visitation with a child are two separate and distinct duties indigent of one another.  The non-custodial parent cannot be denied visitation for unpaid child support.  Do not take the law into your own hands unless you are willing to suffer the consequences and possible wrath of a Judge!

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Please contact father's rights Dallas attorney Mark Nacol, with the Nacol Law Firm P.C., for legal insight to your rights as a father. Mark Nacol provides counsel in the area of family law including divorce, father's rights, separation, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization and serves clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.
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