Birmingham, AL asked in Child Custody for Alabama

Q: My ex husband claims he moved into an apartment but is unwilling to show me either: time stamped photos of the

furnished apt. I do not feel I have enough proof he's living in a safe environment for our 3 year old. I found out he used to live in his car and that could be the case today as far as I know. He states he's unable to provide photos because he hasn't moved in yet. He also will not let me know where/who he's staying with. I am the primary custodial. Could I be held in contempt if I refuse to let him see her even though I feel she will not be in a safe environment? His visitation is Sunday and Monday night weekly.

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1 Lawyer Answer

Shane Michael Oncale

Answered
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: The answer is anytime you violate a court order you can be held in contempt. The real question is WILL you be held in contempt and under the circumstances I think the answer is no. As the primary custodian you have an obligation to protect your child and to act in her best interest. There are certainly other provisions in your agreement/order that have to do with you being kept abreast of his current address etc. Generally you will not be required to send the child with him without any idea where the child could be located if necessary. Now once he does give you a permanent address then it is up to you to do whatever investigation you want to find out who else is there etc. You cannot depend on him to tell you nor can you withhold visitation on the basis that he won't tell you or you are unsure. Right now you appear relatively certain that he does not have a place to stay or that he will not disclose to you where he is living. I think you are on solid grounds denying overnight visitation with that being the case but it won't last for long. If he is unstable you need to go back to court to address that fact and let the court instruct you on what to do rather than risking contempt on a case by case basis.

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