Greeley, CO asked in Family Law for Colorado

Q: Does my ex have to tell me his new address where he will have my son during his visitation time?

I'm the current primary residential caregiver and my ex gets two 3.5 hour visits a week with our 1 year old. He recently moved to another town and is refusing to tell me the address of his new home. Can I require that he discloses this before he gets a visitation so I know where my sons is? He is currently out on bond for assault and child abuse, which occurred while he was trying to run off with our child, which was before we had any formal custody agreement. He is also demanding extra visitation time with our son to compensate for the drive time to his new home and I don't feel like he should get extra time when he chose to move to another town that is 15 minutes away. He did not move for employment or any other reason and has not paid any child support for the last 7 months that I have caring for our child.

Related Topics:
2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: There are several issues here, so I will break them up.

(1) providing a new address. Check with your separation and custody agreement. Better agreements should require a disclosure of this information. If the term is not present providing the information moves into a slight grey area. Normally, the new address must be provided as a means to facilitate the transfer of the child. Under some circumstances the address may not technically have to be disclosed. Without a full review of your situation I cannot provide an definitive answer on this issue. If he refuses, the only way to get this information absent some personal directive work is to seek a court order to release the information (a court should require the disclosure, but you will have to file with the court...).

(2) Extra time. The request for additional time to compensate for the drive should be included in a modification request by the father. If he does not file a modification request, you are not obligated to provide him with additional time (i.e. both parties are required to comply with the custody agreement--meaning you cannot change the terms unless both parties agree and/or a court sanctions the change). If he does request a modification (which a court may or may not grant), you will also discover his new address.

(3) Child support. While you cannot withhold visitation for non-payment, the father is legally required to pay support. There are not exceptions to this rule. The best advise is to file a motion for failure to pay support (violation of the custody agreement). If you do proceed, it is recommended that you seek garnishment from his paycheck and state enforced compliance because the penalties for non-payment as significantly more severe and awarded faster if the state is collecting the money.

It is probably best to contact a family law attorney. You can handle all of this material without an attorney, but an attorney is recommended.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: You need to consult with a family law attorney as soon as possible. If he was in jail for child abuse you should be potentially looking at modifying his parenting time to supervised. You are under no duty to jump through hoops and hurdles by giving him more time because he moved farther away and I don't see a court giving a guy with a child abuse charge more parenting time. Answering your specific question, if the orders say he has to provide an address then you might be able to argue he doesn't get time, but really you would also need to seek a modification. If your orders say nothing about providing an address then you absolutely cannot withhold the child. Again, you need to meet with an attorney to discuss all of these issues in more detail. The attorney will need to review your current orders and map them up with your current circumstances to assess what can be changed and what you should do.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.