Does my ex (non-custodial parent) have to give me his new address? 18 Answers as of April 29, 2013My ex and I were never married and are now separated. We have been to court and there is custody in place. I have primary custody and he gets the 1, 3 and 5 weekends. He refuses to tell me his new address and new job. I don't really care about the job but I do want to know where my kids (3 and 5) are. Papers do state he has to send me a certified letter but he hasn't even read them or signed them yet, so he says. It’s only been two months and he is impossible about everything I ask. I worry the kids are around drinking and partying and that's why he will not tell me.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, he has to tell you. Your court orders are just that, the orders of a Judge. Those orders are enforceable by contempt. It is a pain but you can bring a contempt action against him for not following the orders. The Judge will not be amused. While this is very juvenile (both his actions and my analogy) it is akin to a child ignoring your instructions. Just because the child did not pick up his toys, put away his cereal dish, turn off the TV or whatever you told him to do, does not change the fact you told him to do it and there are consequences to such behavior. A child does not get to pick and choose which instructions of his/her parents to obey - your ex does not get to pick and choose which instructions in the Court's orders to obey. Now for more practical advice - copy the page that says he has to notify you AND THE COURT of his change in address, employment etc. Send it to him, highlight it first, and kindly point out that he has failed to do so and the proof is in the fact he did not notify the court so when you go to the judge, judge will not have to take your word, the judge can look in his own folder. Contempt is punishable by a fine of up to $500 and jail up to 180 days. This is not likely for a first time offender but the threat is very real. What you want is for the ex to send the information to you OR the Court. If he sends it to the court, you can find out from the court where he lives. It is a long route to cure a rather simple problem (problem is not the proper word here, but I don't have a single expression for juvenile ignorance). However, this is the least expensive and most likely way to get the information. You could, CC the court and mail a copy of the letter to them as well. It really will not do you any good, my suggestion is to send it certified mail and regular mail, annotate the same on the letter itself and if the certified mail comes back undeliverable - no forwarding address, then you have proof. Which reminds me, contact the post office, there is a stamp you can buy - it cost an extra .25 or something like that, and they will mark the envelope forwarding address requested and send it to you. I would send the regular letter (not the certified one) that way.
Answer Applies to: Texas
The Law Office of Cathy R. Cook | Cathy R. Cook
I don't know what you mean by he hasn't signed the papers. If those papers are to make the agreement a court order, you don't have to send the children on his time, if there is no order. Maybe you can use that as leverage to get the address. If he won't give it, file a motion in court, and have him served when he comes to get the kids.
Answer Applies to: Ohio
John Russo | John Russo
Two options file a motion with the court as to his address, he must give it unless there was a domestic violence issue which does not seem to be the case here, the court will side with you, or don't let him take the children that will force him to give you the address or for him to file something and then explain to court why you would not let them go, was not spite it was concern you did not know where they would be again court should side with you, if he calls police they don't have the authority to make you give him the children this is civil, but if he does tell the cops the reason way you won't let them go, and tell them you will be filing something with the court to order him to give their ware-abouts.
Answer Applies to: Rhode Island
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
You are entitled to know, within reason, where the children are when they are with him. He should be forced to provide his residence where they will be staying with him. Without this, you could refuse to turn them over to him; but must take this step with great care and give him more than sufficient opportunity to provide this information as it might raise other problems.
Answer Applies to: New York
John E. Kirchner, Attorney at Law | John Kirchner
If the court order requires him to inform you where he lives and where the children will be, then you are justified in refusing to let the children go with him until he does. It is unlikely he will have the audacity to complain to the court when he is violating the court's orders. If the court order doesn't specifically have that requirement, you need to ask the court to amend the custody order.
Answer Applies to: Colorado
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
You could ask the Friend of the Court if they have a current address for him. If not, you could file a motion asking the court to provide you with his residence address. Absent a court order, while he should give you his address, the court could not force him to do so.
Answer Applies to: Michigan
R. Jason de Groot, P.A | R. Jason de Groot
You have a perfect right to know where your children are at all times. This problem arises frequently and it can come back to haunt him. You need to hire an attorney for this sort of problem. An attorney could advise you about whether you should allow visitation without knowing where the children will be.
Answer Applies to: Florida
Langford Law Firm | Theresa Langford
The orders in place should require the parties to inform the court and the other parent of their address. If it does not, file to modify the order and compel him to disclose the information. If it already does, then file to enforce the order and compel him. The court can order sanctions if he refuses.
Answer Applies to: Texas
Sapiro Gottlieb & Kroll | Lawrence Kroll
Unless there is a restraining order in place, you have the right to know where your children are when they are with him. If he won't provide you with the address, go to court to force him to do so, and possibly to suspend his visitation until he does so. As to the tax returns, you absolutely need to know how much he makes so that you can make sure child support payments are appropriate based on his income. Again, if he won't provide this information to you, you can go to court to force him to provide it to you. You also might want to make child support go through probation wage garnishment, because they will find out where he works.
Answer Applies to: New Jersey
Law Office of Eric S. Lumberg | Eric S. Lumberg
If you have concerns about parenting time, you can always go back to court and get a more specific order. You can also require any information that the Judge had ordered. You should consult with an attorney to discuss these matters further and make decisions as to how best to proceed.
Answer Applies to: Michigan