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The non custodial parent moves and does not provide address.

Ocala, FL |

Non custodial parents - who has the habit of moving, moved 2 days ago, picked up my kids today and has not notified me that she has moved. I found out from a 3rd party. What should I do about this?

Attorney Answers 2

Posted

You should ask her. She has a responsibility to keep you informed. If she refuses to tell you, then you can file a motion with the court to compel her to disclose her address.

Lawrence J. Marraffino
Gainesville Divorce Lawyer
www.ljmpa.com

This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.

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Posted

Absent a domestic violence injunction or other unusual circumstance, under shared parental responsibility, you are entitled to know where your children are residing. Many court orders contain a provision about notification of change of address. You should begin by reading your court order and marital settlement agreement (assuming your divorce case was not tried). Then, in writing, which may be by email, request information from your former spouse as to the children's new residence and request that it be provided to you within a specific amount of time, for example, "within 3 days."

If you are not provided the information, then you can proceed to file a motion to enforce and for contempt.

I recommend consulting with an experienced family law attorney, since in this limited forum an attorney is not given all of the pertinent information and has not reviewed your court order/marital settlement agreement, so cannot give you specific legal advice.

Eileen D. Jacobs, Esq.
Office: 2505 W. Virginia Avenue
Tampa, FL 33607
(813) 877-9600
Mailing: P.O. Box 14953
Clearwater, Florida 33766-4953
(727) 787-6595

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