When the marriage is over and parents who share a child go their separate ways, one of the subjects the court will address is the child’s post-divorce living arrangements. This may involve one parent getting primary custody while the other is granted visitation rights. As far as child support is concerned, the non-custodial parent may be ordered to pay child support.
While most parents set their differences aside and focus on co-parenting, it is not uncommon for some to violate a court-sanctioned custody arrangement. This can take the form of withholding visitation. And out of anger or frustration, the other parent might be tempted to get back by withholding child support. But is this appropriate?
Child custody and child support are two separate orders
Whereas child custody and child support judgements are about the child, it is important to understand that these are two distinct judgments. As such, a violation of either judgment carries distinct legal consequences.
What should you do if your ex is withholding visitation?
Well, if your ex is interfering with your visitation rights, you have options. First, be sure to document all the missed visitations. Write down the dates of the missed visitations as well as any excuse your ex gave. Next, talk to them about your concerns. Perhaps, they have a valid reason, like a new job that is making it difficult for them the avail the child.
If you cannot find a solution or make up for missed visitations, you may want to seek the court’s intervention. Depending on the circumstances of the violation, the court may consider modifying the existing custody order in your favor. At no time should you get back at your ex by withholding child support.
Safeguard your parental rights
Dealing with an ex who is interfering with an existing custody order can be frustrating, to say the least. While this is understandable, taking matters in your own hands can only complicate an already unfortunate situation. Learning more about Texas child custody laws can help you safeguard your parental rights when your ex is interfering with your visitation rights.