Does My Ex Still Have Visitation Rights After Cutting Our Texas Summer Custody Short?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My child's father is court ordered to have my kids for the summer, and he is trying to bring them back a week into summer.
He has to work. Be aware that he’s also 3 years behind in child support.
Attorney Answer
A parent generally is not required to use every day of their court-ordered time, so your children's father returning them early is usually his choice to make, though his three years of unpaid child support is a separate matter you can act on right now.
Texas custody orders set out possession schedules, but they typically do not force a parent to keep the children for the full period if that parent chooses to return them sooner, unless your specific order has unusual language requiring otherwise. If he brings them back early because of work, that is generally allowed, though you may want to check your order for any notice requirements about changes to the schedule so you are both protected if there is ever a dispute about who had the children when.
The child support arrears are a completely different issue, and three years behind is significant. Under Texas Family Code Chapter 157, you can pursue formal enforcement of unpaid child support, which can include wage withholding, intercepting tax refunds, suspending his driver's or professional licenses, and in serious cases, contempt of court, which can carry consequences including fines or even jail time. Texas child support arrears do not disappear over time the way some other debts might, so pursuing this now is worthwhile regardless of how the summer schedule plays out.
Steps you can take:
1. Get an official record of exactly how much he owes from the Texas Attorney General's Child Support Division or the court's records, rather than relying on memory alone. 2. Open or check the status of a child support enforcement case if one is not already active. 3. Keep a simple written log of possession exchanges and any missed or shortened visitation going forward, since this can matter later if you seek to modify the order. 4. Do not tie the two issues together informally, for example by threatening to withhold future visitation over the arrears, since possession and support are handled separately under Texas law and mixing them can create problems for you too.
Because how your specific order treats early returns, and how much is truly owed, depends on your paperwork, this is general legal information rather than advice about your case. A local Texas family law attorney or the Child Support Division can help you pursue the arrears and review your order for the summer schedule.
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Frequently Asked Questions
Can I refuse to give the kids back to their normal schedule since he cut his time short?
Generally no, your regular order still controls once his period ends, regardless of why he returned them early. If you want to permanently change the schedule, that typically requires either his agreement or a court modification.
How do I start collecting three years of back child support?
You can contact the Texas Attorney General's Child Support Division to open or check an enforcement case, or work with a family law attorney to file a formal enforcement action in court. Either route can lead to wage withholding, license holds, or other tools to collect what's owed.
Can he get in trouble for being years behind on child support?
Yes. Significant arrears can lead to consequences including license suspension, interception of tax refunds, and contempt of court proceedings, which can carry fines or jail time in serious cases. The Child Support Division can walk you through the enforcement process.
