Can i stop my sons father from seeing his son

Asked almost 4 years ago - United, El Paso, TX

he dosent pay regular money for him there is always an excuse he doesnt see him regulary keeps making an excuse. i have never lived with his father but he his on the birth certificate can i legally say to him if he doesnt see his son regulary then he cant see him at all

Attorney answers (6)

  1. Cynthia Russell Henley

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . Are there court orders regarding child support and visitation? If not, then you are not required to relinquish your son to him any time. He would have to file in court to get court ordered visitation.

    If there is no order regarding child support, then you should file for it. Then, if he does not pay as ordered, you can file for contempt of court.

    If you do not have the money to seek the court orders you need, contact the attorney general's office and they may assist you.

    If there are court orders in place regarding visitation, then you cannot keep your son from his father. You are in contempt if you do - even if he does not regularly exercise visitation and even if he is not paying child support.

  2. Thomas James Daley

    Pro

    Contributor Level 18

    Answered . In Texas, the Possession and Access order that is part of the child support order gives the dad the RIGHT to see his son, but not the obligation to do so. You can't withhold the son from the father for any reason unless you have a well-founded belief that the son would be in immediate risk of harm, which is not what you've said.

    Child support is a totally separate obligation. He must pay the child support whether he gets to see his son or not, and whether he wants to see his son or not. File a motion to enforce child support and start collecting some support for your son--even if you just put it in an educational fund for him.

  3. Steven Alan Fink

    Contributor Level 20

    Answered . You can say it, but that is not the law. He is entitled to visitation absent a court order preventing it. Better for your son to have some contact with his father than no contact. Son will see father for what he is and not blame you for keeping father away.

    If father won't pay support, file an action to require him to pay support.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  4. Ronald S. Pichlik

    Contributor Level 18

    Answered . If the father has visitation rights pursuant to a paternity/custody/visitation order then it would be unlawful for you to deny visitation. You can petition the court to have visitation modified or terminated if you can demonstrate that the sporadic visitation is actually detrimental to the child. Visitation and support are two separate issues and it is never appropriate to unilaterally take action on one due to non-compliance by the other party with the other.

  5. Ronald S. Pichlik

    Contributor Level 18

    Answered . If the father has visitation rights pursuant to a paternity/custody/visitation order then it would be unlawful for you to deny visitation. You can petition the court to have visitation modified or terminated if you can demonstrate that the sporadic visitation is actually detrimental to the child. Visitation and support are two separate issues and it is never appropriate to unilaterally take action on one due to non-compliance by the other party with the other.

  6. Ronald S. Pichlik

    Contributor Level 18

    Answered . If the father has visitation rights pursuant to a paternity/custody/visitation order then it would be unlawful for you to deny visitation. You can petition the court to have visitation modified or terminated if you can demonstrate that the sporadic visitation is actually detrimental to the child. Visitation and support are two separate issues and it is never appropriate to unilaterally take action on one due to non-compliance by the other party with the other.

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