Does a Texas Father Keep Visitation Rights While Behind on Child Support?
Start a free AI-assisted chat and connect with an experienced Texas attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I was granted a custody order, but the father has visitation on the 1st, 3rd, and 5th of the month. Dad stays out of town, and the order was granted in November 2025. Dad has never made a trip to visit and has not provided child support for our children. At the end of the month, I'm traveling back home for a wedding and bringing the boys with me. Does dad still have rights, or does the order apply, even though I would be in another state? My court order was established in Texas.
Attorney Answer
Your children's father's visitation rights and his child support obligation are two separate legal issues in Texas, and you generally cannot withhold his court-ordered time simply because he has not paid support, but your travel question has a more reassuring answer.
Texas courts and the Texas Family Code treat possession and access, meaning visitation, and child support as independent obligations. A parent who falls behind on child support does not automatically lose the right to see the children, and a custodial parent who denies court-ordered visitation because of unpaid support can face enforcement problems of their own, even though the frustration is completely understandable given years of missed payments.
On the travel question, your Texas custody order does not stop working just because you cross state lines temporarily. Texas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act, found in Family Code Chapter 152, and a validly issued Texas order remains enforceable regardless of where you and the children happen to be for a short trip like a wedding. The real issue is whether taking the children out of state during that specific week conflicts with your ex's scheduled possession days. If the trip falls during a period that is legally his under the order, you generally need his agreement or a court's permission to take them instead, even if he says he cannot make the trip because of work.
What you can do:
1. Check your order's exact language on possession dates and any provisions about travel or notice requirements. 2. If the wedding trip overlaps with his scheduled time, get his agreement in writing, even a text message confirming he is fine with it. 3. Separately from visitation, pursue the child support arrears. The Texas Attorney General's Child Support Division can help enforce unpaid support through wage withholding, license holds, or contempt proceedings. 4. Keep records of his missed visits and missed payments. Even though they are legally separate issues, a documented pattern can matter later if you seek to modify the order.
Because interpreting your specific order's travel and possession terms, and deciding how to handle both the trip and years of unpaid support, depends on the exact language of your court order, this is general legal information rather than advice about your case. A local Texas family law attorney can review your order and help you handle both issues correctly.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Texas
- File or look up a case through the Texas Judicial Branch, which serves Texas and the surrounding area.
- Get free civil legal help from TexasLawHelp.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Can I refuse to let the father see the kids because he owes child support?
No, not on your own. Texas treats visitation and child support as separate legal obligations, so withholding court-ordered visitation because of unpaid support can create legal problems for you, even though the arrears are a real and separate issue you can pursue.
Does our Texas custody order still apply if I take the kids out of state for a week?
Yes. A validly issued Texas order continues to apply regardless of which state you and the children are in for a temporary trip. What matters is whether the trip conflicts with the other parent's scheduled possession time under the order.
How do I collect the child support he owes?
You can work with the Texas Attorney General's Child Support Division, which can pursue wage withholding, tax refund interception, license suspension, and other enforcement tools. A family law attorney can also help you file a formal enforcement action in court.
