The agreed custody order requires each party to give 30 days ADVANCE notice of a change of address to the other party and the court. I sent a letter to his last known address and marked it "Return Service Requested." The Post Office sent my letter back because there was no forwarding address for him listed.
Would a judge think I was being petty if I filed a Rule to Show Cause against him for something this small? I have sole legal and physical custody. He lives 5000 miles away and visits a couple times a year. I want to document his willful violation because I expect he will sue for custody again. He has multiple DUI and misdemeanor convictions and is a year behind in child support.
Does repeatedly violating our existing custody order make him less likely to win custody in the future?
Filing a Rule to Show cause would likely be fruitless in this case. While you do have a violation of the court's order, there is no harm that I can see that has been done for the court to remedy. If you have primary physical and legal custody, then you are not really harmed by his moving. IF he is unable to appear for visits, that is essentially his problem, but he certainly cannot come to court and claim that you withheld visitation because he moved without telling you to where he moved.
If he were to ask the court for custody, his failure to tell you his new address in advance would have little impact in the decision, again because there was no harm in it. What would harm him in his attempts would be the lack of personal contact with the child. There are few circumstances and few judges who would take a child from his custodial parent and change custody to give the child to a parent who has had little contact and involvement in the child's life. And if there were missed visitations, even more unlikely.
I would document his contacts with your daughter rather than this violation. Keep a calendar with the dates and times that he calls, that he visits, etc. Go back as far as you can to provide as much of that detail as possible. That would be far more valuable and effective.
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