QUESTION

Does my ex (non-custodial parent) have to give me her address?

Asked on Jun 25th, 2013 on Child Custody - Oklahoma
More details to this question:
Does my ex (non-custodial parent) have to give me her address? I live in Arizona, she lives in Chicago. I sent the kids to her last summer for the court ordered 6 weeks of her visitation in summer. The kids told me when they returned that they stayed with her in 2 shelters. They didn't like it and felt very uncomfortable going again this year knowing I don't know where they will be. The kids have told mom several times that they feel uncomfortable with this, me not knowing. Mother discarded their concerns. The kids are 12 and 10. Mother had a record for hitting my kids. This year, I asked her for her address numerous times via email, she refuses to provide it. She owes me near $4,000 in child support over 2 years which DES is after her for currently and over $20,000 total in attorney's fees and medical bills, out of pocket expenses and child support. A - What law states she has to provide me her address? B- Do I legally have to send the kids to an unknown address ? C- What rights do I have as the "primary residential custodian and final legal decision maker over all aspect of kids lives"?
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4 ANSWERS

Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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Most court orders have a provision that each parent is to provide the other with their current address at all times. You need to review your orders to see if this applies. If not, then there is no "law" that says it must be provided, although it is a matter of common sense and refusing to provide it is a red flag. You must follow court orders unless you get them changed. Considering the ages of your children, you should have brought a motion upon their return seeking to suspend visitation until mom proved she had a suitable place for them to exercise visitation. Otherwise mom can come to Arizona to exercise visitation. You can still bring that motion, and if you do, include in it that mom refuses to provide her address so you fear she remains homeless or otherwise without suitable accommodations for the children. The primary custodian has decision making authority over the day to day things what kids wear, what they eat, how they get to where they need to be, etc. If you share legal custody (and you probably do) then mom still has a say in major decisions such as education, medicine, and religion. Having primary custody does not allow you to violate court-ordered visitation terms. You need to ask the court to modify whatever orders no longer work. If you have Nevada orders, but no one remains in Nevada, you need to domesticate your case in Arizona (assuming the children have been there at least 6 months).
Answered on Jun 25th, 2013 at 12:08 PM

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Which state governs your custody issue because it sounds like you need to petition the court for modification of visitation/parenting time due to the fact that the mother does not have stable living in which to provide for the safety of your children.
Answered on Jun 25th, 2013 at 11:47 AM

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File to modify her visitation to supervised visitation based on your children living in a shelter on prior summer visit and the refusal to provide address. Seek an emergency order to keep the children in place with you until the modification request is decided.
Answered on Jun 25th, 2013 at 11:45 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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All of your questions have to be resolved in the Court which entered the custody order, and I suspect they will not be pleased with her past performance.
Answered on Jun 25th, 2013 at 11:45 AM

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