When a parent falls behind on court-ordered child support, the other parent may understandably feel frustrated—especially when the nonpaying parent continues to exercise possession and access to the child. But can you refuse to let that parent see the child until the support is paid?

In Texas, the answer is generally no.

Child Support and Visitation Are Separate Obligations

Texas law treats child support and possession and access (often called visitation) as separate legal obligations.

Texas Family Code specifically provides that a court may not condition a conservator’s right to possession of or access to a child on the payment of child support. Likewise, the payment of child support cannot be conditioned on whether the other parent allows possession or access.

In practical terms, this means that one parent’s violation of the court order does not give the other parent permission to violate it too.

If the other parent fails to pay child support as ordered, you should continue following the court-ordered possession schedule. Withholding the child because support has not been paid could expose you to an enforcement action of your own.

What Should You Do if Child Support Isn’t Being Paid?

Instead of withholding possession or access, the appropriate remedy is to seek enforcement of the child support order. Depending on the circumstances, a Texas court may enforce unpaid child support through remedies that can include judgments for arrearages, wage withholding, attorney’s fees, and contempt proceedings.

Similarly, if a parent is wrongfully denied court-ordered possession or access, that parent may seek enforcement of the possession order.  As part of that enforcement, the Court may, among other things, award a parent additional periods of possession to compensate that parent for possession that was wrongfully denied.

The Bottom Line

Do not use visitation as leverage to collect unpaid child support. Both parents are expected to comply with the court’s orders, even when the other parent is not doing so.

If your child’s other parent is behind on child support—or if you are being denied court-ordered possession or access—Wurtz Law Firm can help you evaluate your enforcement options and determine the appropriate next steps under Texas law.

This article provides general information about Texas family law and is not legal advice. Every case is different. Consult with an experienced family law attorney regarding your particular circumstances.