Is it illegal for the mother of a child to not stay in contact with the father, if he pays child support?
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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 11 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.
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