I have a question, my boyfriend just got on child support not too long ago( sept. 2006). The attorney general agreed that he pay $400.00 a month and visitation rights. The mother doesn't want him to have visitation at all because he doesn't want to get back with her. She told the attorney general rep that she was to bonded to the child (1year old girl) and that he doesn't know how to take care of her. THe rep said well that is what is what visitation will accomplish. He needs to learn how to take care of her. He was entitled to 4 hours everyother weekend between 1-5 pm. He has made good on his part and pays her on time, but she doesn't allow him visitation. He has made three police reports because she hasn't allowed visitation. His mother finally got ahold of his ex and she told my boyfriends mom that he can only see her on her terms. Which is at HER appartmen, if not then when she goes out between 10-3 am. He says no because that is when his daughter is asleep. If he does take her to court does he need an attorney? Who pays if guilty? What type of punishment is she looking at? (we don't want her to go to jail) We just need to know what rights does he have as a father.

does the court order specifically set out days and times? if so and she is violating that- take her back for contempt. if it doesn't- apply to modify so that everything is spelled out

The matter did not go to court, it was an agreement with the attorney general in TX. He would like to take her to court, but he's worried about the $$$ part of it. Does he need a lawyer or can he represent himself when he goes to court?

That was my question...is there an actual court order? If not (as you say there isn't) then she does not have to allow visitation, at all.

He needs to file for custody/visitation in court. He can do it pro se (sans attorney) but, if there is any way he can swing it, I suggest he get an atty to avoid any potential problems with legal details.

If he decides to file pro se, he can go to the clerk of court to get the forms and instructions for filing. There is a fee (it's small). He needs to be sure that he fills out every form perfectly and files every form to exact requirements. If he does not, the case will be dismissed and he will have to start over.

Unless he is a child molesting, crack head axe-murderer, he will be granted visitation and there will be nothing she can legally do to stop him from having a relationship with his child.

Thanks for the information. I'm just wondering if she will let him see his daughter. His papers say that if she does deny him visitation, then the next step would be court. The problem is I'm not so sure his ex would, he has told her that he has made police reports and if she doesn't let him see his daughter then he will take her to court. These are all messages that he leaves on her messages, she won't answer the phone. She really doesn't care. What I'm wondering is can he call an officer to go to her residence with documentation stating visitation rights? He really misses her, he hasn't seen her for two months.

the officer will document her refusal to give the child to him, but will not take the child from her possession

So basically take her to court, the court will press the visitation. If she still won't let him see her, take her back to court. Wow, this is gonna cost some money, but if that's what it takes then that's what we will do. Thanks for all who replied to our situation.

Thanks for the information. I'm just wondering if she will let him see his daughter. His papers say that if she does deny him visitation, then the next step would be court. The problem is I'm not so sure his ex would, he has told her that he has made police reports and if she doesn't let him see his daughter then he will take her to court. These are all messages that he leaves on her messages, she won't answer the phone. She really doesn't care. What I'm wondering is can he call an officer to go to her residence with documentation stating visitation rights? He really misses her, he hasn't seen her for two months.

Okay, you're not understanding. No matter what the AG has suggested, said, or determined, she is, at this point in time, under no legal obligation to allow him any time with his child. A swat team would not be able to force her to allow visitation. He is going to have to go to court to get an order that can be legally enforced. Once there is a court order, she is bound by the dictates set forth in said order. If she defies that order, there are legal ramifications (from a verbal admonishment all the way up to a change of custody) if your husband is dillegent in persuing contempt charges.
That said, it does look much better for him when he goes to court if he presents the agreement that was set up by the AG and tells the judge that she is NOT complying with the agreement. (Judges REALLY don't like one parent denying contact and visitation with the other without a valid reason, whether there is an order or not.)


That is the only way that this can be handled, unless he is willing to sit back and allow her to keep him seperated from his child.

Whether he is allowed to exercise visitation or not, order or no, he must pay his child support. That IS a court order and he does not want to deal with the legal ramifications for not paying. (I know that you didn't say or imply that he was not paying support, and I don't mean to say or imply that either. Just a friendly reminder.:) )

So basically take her to court, the court will press the visitation. If she still won't let him see her, take her back to court. Wow, this is gonna cost some money, but if that's what it takes then that's what we will do. Thanks for all who replied to our situation.

Thanks, I understand now. The whole AG thing is sort of a waste of time! He sould've gone to court instead. Oh well leason learned, I was actually going to go to the AG myself for some legal documentation on my children from a prev. relationship. Although we get along great just to be on the safe side I think going through the court is best. :)

Good luck and if she defies the court's orders in the future, hold her feet to the fire every time. She can only get away with what she is allowed. :)

Can someone please explain this to me. If she does not have to comply with what was agreed to with the attorney general concerning visitation, then how come he has to comply with it and pay child support?

If there is no court order, is his child support payments considered gifts? I would think that what was agreed to with the attorney general would be enforcable in a court of law, but that is only based on my opinion.

Child support and visitation are two totally different issues. With one, does not come another. Everyone has an opinion as to why or why not, but the court clearly does not relate on the the other. Now, if support is not paid it will most likely affect the visitation, as well as having many legal ramifications, but with payment of support does not come visitation.

If there is a COURT ORDERED VISITATION schedule and she still does not comply and allow visitation, she can be held in contempt and she will be. But as many other people have said, without a court ordered schedule that both parties agree upon, either in front of a mediator or a judge, it is worth nothing and has no legal impact Same with support, if the parents decide not to go to court and work out some payment arrangement on their own, if one party breaks it and does not pay, it has no legal impact. Also, if a person is paying support based on a private party agreement, he/she best be documenting it and getting receipts marked as "child support payment" and having the other party sign off, so there is not worry about it being interpreted as a gift.

I would most definately suggest handling everything through the courts. Having everything properly documented will help everyone involved from problems down the road. Simply because a person does not see their child through visitation, does not mean that child doesn't need to be financially supported. Now, if the parent has always paid support, and of course is not a danger to the child, than they most definately should receive visitation. A child can live without seeing one parent, but cannot live without being financially supported.

Child support and visitation are two totally different issues. With one, does not come another. Everyone has an opinion as to why or why not, but the court clearly does not relate on the the other. Now, if support is not paid it will most likely affect the visitation, as well as having many legal ramifications, but with payment of support does not come visitation.

If there is a COURT ORDERED VISITATION schedule and she still does not comply and allow visitation, she can be held in contempt and she will be. But as many other people have said, without a court ordered schedule that both parties agree upon, either in front of a mediator or a judge, it is worth nothing and has no legal impact Same with support, if the parents decide not to go to court and work out some payment arrangement on their own, if one party breaks it and does not pay, it has no legal impact. Also, if a person is paying support based on a private party agreement, he/she best be documenting it and getting receipts marked as "child support payment" and having the other party sign off, so there is not worry about it being interpreted as a gift.

I would most definately suggest handling everything through the courts. Having everything properly documented will help everyone involved from problems down the road. Simply because a person does not see their child through visitation, does not mean that child doesn't need to be financially supported. Now, if the parent has always paid support, and of course is not a danger to the child, than they most definately should receive visitation. A child can live without seeing one parent, but cannot live without being financially supported.

There is one state that I know of that visitation can be denied (by the court) for non payment of child support, but TX is not that state.

which one? i've never heard of that

Washington State.

Actually Arkansas also modifies a visitation order for nonpayment of support. Washington is not the only state that does.

My point, which I feel was clearly stated, was referrring to the relationship, or lack there of, between support and visitation. That being, payment of support never automatically indicates visitation, however, with nonpayment of support, it can (and has) indicated no (or less) visitation. Either directly, by the judge ruling on a modification of the order for lack of payment, or indirectly, by the NCP being imprisoned for nonpayment. Either results in the same action, deline in visitation. Furthermore, the NCP can have their license revoked, which is quite common, and in turn this action can in many cases mean he/she can no longer pick their child up for scheduled visitation, so again, indirectly or not, nonpayment of support DOES indeed affect visitation.

-Calie