Pasadena Texas Divorce Attorney and Family Law Attorney Cari Brownlee, 281-998-8880, answers the common question regarding whether or not you can visit your children if you are behind in child support.


I am frequently asked at what age can a child choose which parent he/she wants to live with.  There is clearly a misunderstanding about children choosing who they want to live with. In Texas, children do not get to choose who they want to live with.  Section 153.009 of the Texas Family Code does allow for children to have a voice on the subject. The law allows for a party to request for the judge to confer with a child. Once a request is made for a judge to confer with a child, the judge must talk with children 12 years of age and older and may talk with children under the age of 12. Therefore, the law allows for children to state their preference, it does not allow them to choose.  The interview is merely evidence  courts can use to make its decision.  The court’s decision is ultimately based on what is in the best interest of the children.

You should not stop paying child support because your ex-spouse is not letting you exercise your court-ordered visitation. Child support and visitation are two separate issues. Refusal by a party to allow possession or access to a child does not justify failure to pay court-ordered child support. If you stop paying court-ordered child support, you could be held in contempt of court.

If you are not being allowed to exercise your court-ordered visitation rights, contact me, Cari Brownlee, at 281-998-8880.

You should not withhold visitation because your ex-spouse is not paying child support.  Visitation and child support are two separate issues.  Failure to pay child support by your ex-spouse does not justify you denying court-ordered visitation. If you deny visitation and disobey your court order regarding visitation, then you could be held in contempt of court.  

If you are not receiving the child support you are owed, contact me, Cari Brownlee, at 281-998-8880.

I tell my clients to dress as if they were going to church.  You should dress and act in a professional manner. If you are going to court on an uncontested divorce, you do not have to wear a suit, but you should dress neatly. Slacks and a collar shirt are acceptable.  Shorts,tank tops, sleeveless shirts and flip-flops are not appropriate courtroom attire.

In Texas, there is a 30-day remarriage prohibition. Therefore, neither party to a divorce may marry a third party before the 31st day after the date their divorce is decreed.  However, the former spouses may marry each other anytime.   A party to a divorce may request a waiver of the 30-day prohibition against marriage; however, they are not automatically granted because good cause must be shown for the waiver.

An uncontested divorce may also be referred to as an agreed divorce. It is a divorce in which both parties agree to get divorced, agree to the terms of their divorce (property division, children issues, etc.) and voluntarily sign the divorce papers.  So, if the only thing you and your spouse agree on is the fact that you want a divorce, then you do not have an uncontested divorce.

I am writing in an effort to provide cursory answers to common questions regarding Texas law. The law is complex and constantly changing.  In no way is the information contained in this blog to be used or interpreted as legal advice.  Every individual has a unique set of facts that must be considered.  I encourage anyone with legal questions to speak with an attorney.