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Is the custodial parent required to provide his new address to the non-custodial parent after moving?

Aurora, CO |
Filed under: Family law

My friend is going through determining parental rights and currently is the non-custodial parent but visitation is just about equal at this point. She was not married and the paperwork has been filed to start determining parenting rights. This week, the custodial parent moved and will not tell her the new address. Is there a law and motion to be filed to get this information?

Attorney Answers 3

Posted

Normally both parents are required to provide the other parent with a current mailing address, phone number and email address. The one exception to this would be if one of the parents has a restraining order against the other preventing any contact. There is not really a form to file. I am surprised that the court did not require that of both parents. You can take a blank motion and simply modify it to request the disclosure of the address. Best wishes.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Asker

Posted

Thank you so much! I had my friend file a motion per your response.

Posted

This is completely stupid. The idea that a parent would move and not tell the other parent drives judges crazy. Tell your friend to send a police note to the re-located parent asking for the information. If that fails, tell the same friend to talk to a family law attorney about the situation.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Asker

Posted

Agreed - stupid to say the least. Thank you for your response!

John Christopher Haas

John Christopher Haas

Posted

I agree with Dan, but I think he meant a "polite" note, rather than a "police" note.

Asker

Posted

Polite/police...sometimes it's all the same when trying to serve someone (through the Sheriff's Dept.). :) Thanks!

Posted

There is no statute that requires parents to provide the other with their address. However, most judges believe (except in protection order cases or cases where someone's life has been threatened) that both parents should know a physical address for the other parent. Not providing an address will be frowned upon by the judge or magistrate. If I have a client who is behaving that way, I correct the behavior very quickly.

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Asker

Posted

My friend filed a motion requesting disclosure. I think once his attorney sees the motion, she will do the same. Thanks for your response!

Asker

Posted

His attorney actually filed a motion to dismiss and requested the court to have my friend pay the attorney costs for her to file the response and motion based on duty to confer. After reading the C.R.S., it sounds like this is required only for attorneys (the wording used is "counsel", not "party". Can you confirm?

David Littman

David Littman

Posted

The duty to confer apples to counsel.

Asker

Posted

Thank you for confirming and responding. Greatly appreciated!

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