Am I allowed to know where my daughter is staying at? 29 Answers as of August 29, 2011

My wife is staying with a guy who does not want to tell me where she is staying. I cannot pick her up when I want nor be there in case of a emergency.

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Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
In general, it is preferable that the parents of a minor child voluntarily exchange contact information for when the child is with the other parent. Is there an order in place at this time that contains a Parenting Plan? If so, she may be in violation of contact and information sharing provisions of that plan.
Answer Applies to: Florida
Replied: 8/29/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Yes, you are the father of the child. The guy has no say so between your daughter and you. Go to court and tell the judge and get an order.
Answer Applies to: California
Replied: 8/29/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Check your custody orders if you have them, there should be a provision and it is important enough it appears under "Warnings" and in the orders I draft as well as most experienced family law attorneys in Texas the language is either bold faced or in all caps. It states, or should, that each party is required to notify the other of any change in residence, employment, etc. If you are on some sort of "Agreed thing" with no orders, then you have a right to know but she has not duty to tell.
Answer Applies to: Texas
Replied: 8/26/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
if you don't already have orders that permit you access to your child when she is with your wife, you should file for emergency orders and/or contact the police
Answer Applies to: Connecticut
Replied: 8/25/2011
Lewis, Pfanstiel & Williams, PCLO
Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
You do have a right, but you will have to get a court order to enforce it.
Answer Applies to: Nebraska
Replied: 8/24/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If you were never married, you need to file a paternity action. You should additionally consult with an attorney in order to discuss your case and what you can and cannot do. And a paternity action will establish your rights regarding your child, which include knowing where your child is residing and who also resides there at all times.
    Answer Applies to: Florida
    Replied: 8/24/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You have every right to know the address and a telephone number in which you can reach your daughter.
    Answer Applies to: Alabama
    Replied: 8/24/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Unlikely she can conceal her whereabouts unless there are domestic violence issues.
    Answer Applies to: Washington
    Replied: 8/24/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    Unless I am missing something you should have this information disclosed to you as long as you have Joint Legal custody and there is no reason to keep her address secret (usually domestic violence). However, there will need to be more facts. In the event you do have Joint legal custody I would start out by drafting her a letter demanding the information prior to moving forward in the courts. You talk as if your still married, and you may be better off discussing your issues with counsel and moving forward with a divorce action if this is the case. It all depends on if there is a current order.
    Answer Applies to: Nevada
    Replied: 8/24/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Unless there is a restraining order against you restraining you from mom or the child, yes - you have a "right" to know (i.e., no reason that you should not know) where your daughter lives. The issue is that the "right" is not enforceable without a court order stating both your parentage and a custody arrangement. I do not know whether such an order exists; if not, I urge you to consult an attorney and/or a family law facilitator to pursue your rights with an enforceable order (In California, the facilitator is a free attorney and is located at each local courthouse). In the end, the most important consideration is your child's best interests. In most cases, frequent and continuing contact with her father will serve her best. Another important consideration is that your daughter's life be free from witnessing conflict. If you and your wife are having difficulties, then no matter how unfair the situation may seem, be sure to keep any show of anger or conflict away from your daughter's eyes and ears.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, you are entitled to have this information and if necessary can go to court to get it.
    Answer Applies to: Virginia
    Replied: 8/24/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you hire a family law lawyer concerning your rights and options, including possibly filing a modification action, if necessary. Good luck.
    Answer Applies to: Georgia
    Replied: 8/24/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Yes, you have a right to know where your daughter is staying and you should have access to communicate with her and see her regularly. Speak to an attorney.
    Answer Applies to: North Carolina
    Replied: 8/24/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes if you have joint custody. No if she has sole.
    Answer Applies to: Wisconsin
    Replied: 8/24/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Unless there is an injunction in place and alternative contact is provided for, you are absolutely entitled to know where your child is living. You may have to track her down and take court action in order to enforce this right. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/24/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    As long as you do not have a restraining order on you, then the answer to your question is yes.
    Answer Applies to: Georgia
    Replied: 8/24/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    You have an absolute right to know where your child is at. Sounds like you need a good lawyer to help you out.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Yes, your wife must provide you with an address where your daughter is staying. If she is concealing your child from you, then you may petition the court for an order to provide you with the address. If she does not do comply, you may be able to petition the court for a change in custody.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It depends upon your order, but likely yes.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Offices of Gregory L. Laurance
    Law Offices of Gregory L. Laurance | Anastasia Ganatsios
    As long as there are no restraining orders or other valid, court-ordered and current restrictions in place preventing you from knowing the whereabouts of your daughter, then you are certainly entitled to know where she is living. If the mother refuses to reveal where your child is living, call an attorney immediately and have the attorney write a letter to her demanding this information. If this does not work, go to court and ask the court to compel her to reveal the information. You may also be able to ask for attorneys fees and sanctions, depending on your circumstances.
    Answer Applies to: California
    Replied: 8/24/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If you don't have a parenting plan in Washington you have the same rights and responsibilities in regards to your daughter as does your wife.Do you have to tell your wife where you are all the time?If you have a parenting plan, if what you ask is required by the plan, then yes she has to tell you.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Law Offices of Bradley Hochberg | Bradley Drew Hochberg
    Under most circumstances you should be able to obtain the address.
    Answer Applies to: California
    Replied: 8/23/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The simple answer to your question is "yes". The problem is that until you have a court order requiring your wife to keep you informed, there is little you do but complain. Since you don't say anything about a divorce, it appears that you and your wife are living separately without doing anything to end the marriage and establish the terms and rules for parenting. Until you do that, you really have nothing to identify or protect your rights.
    Answer Applies to: Colorado
    Replied: 8/23/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you are divorced, then your rights are defined by the divorce decree and you need to talk to a lawyer about enforcing your rights. If you are still married, you do have equal custodial rights and for example if know where the child is in school or day care, you should have the right to pick her up and keep her. You definitely need to consult with a family lawyer about the specifics of your situation and how the law might apply to your case. This question cannot be properly answered without a detailed consultation.
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You absolutely have the right to know where your daughter is staying, but you will likely need to get a court order to enforce that right. I suggest that you get a divorce/family law attorney to help you with your situation.
    Answer Applies to: Massachusetts
    Replied: 8/23/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Unless you have a court case, you can't do anything. You should have already hired a lawyer, and as part of a divorce case you can seek custody or visitation.
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    I am a little confused. Do you want to know where your wife is, or your daughter? Most custody orders contain a clause that the parents must keep each other informed of their current address. In most cases, a parent would have a right to know where their child is. If this is a tactic to prevent you from exercising the visitation granted by the Court, you should retain an attorney and take her back to Court to force her to comply with the orders.
    Answer Applies to: California
    Replied: 8/23/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you're entitled to know where your daughter resides. If the other parent will not provide such info, you can request court orders modifying custody. Best to call a local family law lawyer to assist.
    Answer Applies to: California
    Replied: 8/23/2011
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