San Antonio, TX asked in Child Custody for Texas

Q: My husband and I have been separated for over 2 yrs and he has my children and told me that I can't have custody

He says I can't have custody of the children because I haven't paid child support and he has legal custody of them because he has a court order for child support. Is this true? I want to get my children back!

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1 Lawyer Answer
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
Answered
  • Divorce Lawyer
  • Santa Monica, CA

A: Child Support and Child Custody are separate issues. Child custody and visitation are not withheld by courts because you haven't paid your support. But that doesn't mean you shouldn't pay your child support. If he's raising the child, you need to pay your support.

That said, he needs to let you see your children.

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