Under the Texas Family Code, the right to receive child support and the right to visitation are two independent rights that do not have any weight on the other right. The ability to visit with your children is not dependent on your ability to pay child support. The obligation to pay child support does not disappear if the responsible parent is denied visitation or chooses to no longer possess the child during their periods of visitation.
Best Interest Of The Child
Texas family law courts look at what is in the best interest of the child, and having a continuing relationship with a parent, even if that parent is not current on child support, is in the best interest of a child. You may file an enforcement action against a non-paying parent but you cannot prevent that parent from visiting with their child. Doing so would be a violation of your order. If you refuse to allow a non-paying parent visitation you are giving that parent cause to take you to family court for violating an access and visitation order.
If you are having issues with a parent who is failing to pay child support, please call to schedule a consultation with an experienced Houston Child Support Lawyer at (713) 225-6200 or visit us on the web at RamosFamilyLaw.com.