What do I do if the non-custodial parent refuses to give his new address?
-Non-custodial parent is refusing to give new address to custodial parent.
-Full legal and physical custody belongs to custodial parent with only 7 hour visitation 4 days a month granted to non-custodial parent.
-Custody was denied to non-custodial parent due to past domestic violence toward custodial parent, and child abuse case for sibling of this child.
-Overnight visitations were indefinitely suspended for unsafe/unstable living situation of non-custodial parent.
-Non custodial parent was asked nicely in Talking Parents (court-ordered communication app) to give new address and non custodial parent continuously refused.
-Refusal/violation of court order has been documented with local police station.
Based on this information, is custodial parent legally able to refuse visitation until address is given for safety of the child?
2 attorney answers
To follow on the previous answer, there are many ways to locate an address on someone. In addition to a private investigator, many attorneys have access to the resources necessary to do this if you are unable to locate the address on your own. Good luck!
Currently, your legal remedy would be to pursue an action against the non-custodial party for contempt of court. There is a court order, which provides that the other party must disclose their new address in the event that they move. The other party is aware of the order, and is willfully refusing to comply.
If you were to withhold visitation from the other party, you would also be in contempt of court for failing to comply with the court's order. You may seek an action for contempt against the other party. Alternatively, you could always hire a private investigator to inform you of the other party's address.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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