Is it illegal for the mother of a child to not stay in contact with the father, if he pays child support?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is it illegal for the mother of a child to not stay in contact with the father, if he pays child support?

The mother never lets the father talk to the child.

Asked on November 18, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though child support and visitation/access arise out of the same order or custody paperwork-- one is not contingent upon the other. Until a parent's rights are terminated or restricted, they have a right to have access to their child.  Even if a dad got behind on child support, he would still have the right to see his child as set out in the court's orders.

To answer your question more directly, if a court order set out regular periods of visitation for dad and mom refused to allow dad to see the child on his designated days, then mom would be subject to a contempt action or motion to enforce.  She could also be charged with felony offense of "interference with child custody."  This offense includes situations where one parent keeps a child even though they know that it is the other parent's turn for visitation. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption