Does the non-custodial parent have to inform me of a physical address change even if this is not a clause in our custody papers?

Asked over 1 year ago - Jackson, MS

Because my ex & I live in separate towns, we have a designated place to exchange child for visitation. The ex recently moved & will not tell me the new address because he says it shouldn't matter because we have a meeting place. Does the ex have to tell me the new address if we share joint custody?

Attorney answers (3)

  1. Alexander J Simpson III

    Contributor Level 13

    Answered . Yes. Both parents are required to inform the other of their current address and telephone number unless excused by the court. See Uniform Chancery Court Rule 8.06, which provides as follows:

    Rule 8.06. Change of address of children.

    (a) In all domestic cases involving custody or visitation of minors and even though no order for custody or visitation may have been entered, each party shall keep the other informed of his/her full address, including state, city, street, house number, and telephone number, if available, unless excused in writing by the Court.

    (b) Within five days of a party subject to this rule changing his/her address, he/she shall, so long as the child or children remain minors, notify in writing the Clerk of the Court which has entered the order providing for custody and visitation, of his/her full new address and shall furnish the other party a copy of such notice. The notice shall include the Court file number. The Clerk shall docket and file such notice in the cause.

    (c) In the event of a threat, disaster, or other emergency, such as a hurricane, which causes an emergency evacuation, any party who has custody of a minor child (physical custody or while exercising visitation) has a duty to notify the other parent of the location and well being of the minor(s) as soon as reasonably possible.

    (d) Every order respecting custody or visitation should contain a provision incorporating the terms and requirements of sub-paragraphs (a), (b) and (c) above.

    (e) The purpose of this rule is to prevent a parent from concealing from others the address and whereabouts of children. Willful failure to comply with this rule may be treated as a contempt. Failure to file with the Clerk the notice required by this rule shall create a rebuttable presumption that written notice was not given to the other party.

    Answers provided are for informational purposes only. No attorney-client relationship is intended or implied.
  2. Anders Ferrington

    Contributor Level 17

    Answered . This should be addressed in the custody paperwork. Almost all say the parties must notify the court after moving.

    The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice,... more
  3. Jon H Powell

    Pro

    Contributor Level 12

    Answered . Absolutely.

    Uniform Chancery Court Rule 8.06 states that in all cases involving custody or visitation, each party must keep the other informed of their full address, including telephone number, unless excused from doing so by order of the court. This must be done within 5 days of the party changing their address.

    Therefore, unless there is an order that specifically states that you do not have to notify the other parent of the address, the obligation for both parents is to provide the full address and telephone number of the new address.

    No attorney-client relationship has been formed by this answer. The answer given herein should not be your only... more

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Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

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