Austin Probate Lawyer

Visitation Frequently Asked Questions

Following a divorce, a non-custodial parent is often left at the mercy of their former spouse in order to see their children. The courts often help to enforce a visitation agreement, but people are still left to the mercy of others to see their children.

Q. My ex-spouse has custody of our children. She tries to dictate activities and terms for our children. Is this legal?

A. No. Unless a court has specifically said that you may not take your children to certain places for certain activities, your former spouse may not dictate the terms for your visitation time with your children.

Q. What if my former spouse completely withholds visitation?

A. If your former spouse completely withholds your visitation rights, you should call the police immediately. You should not engage in any form of verbal abuse as this could lead to your arrest. Also, you need a police report. If you do not have a court-approved visitation agreement, immediately call your lawyer to set a court date to get one. If you already have a court-approved visitation arrangement, call your lawyer and the court to press for a contempt of court charge or court enforcement. Acting quickly is often in your best interest because if you drag your feet, the court may think you don’t really care.

Q. May I withhold child support if my ex-spouse withholds visitation?

A. No. This is the worst possible thing you could do. The two issues are separate. If you withhold child support due to your former spouse withholding visitation, the court will come down harder on you. You may, however, petition the court to withhold spousal support.

Q. My ex-spouse is planning on moving to another state with our children. What can I do?

A. There are a number of options available to you. The first thing you should do is consult your divorce papers. These may have a stipulation for relocation. If there is nothing there, call your lawyer and have them schedule a court hearing to prevent your spouse from moving without written consent of the court.

Visitation is one of the most important parts of a settlement. It is important to get this settled so that a routine can be established with your children. For more information on visitation rights, contact the Austin Probate Lawyers of Slater and Kennon.


Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.