Waxahachie, TX asked in Divorce, Family Law and Child Custody for Texas

Q: If I don't have the address to my children's dad's new address, do I have the right to refuse to hand my boys over?

My ex-husband and I share two children, we're recently divorced and he has them for Christmas this year, 2024. He is the non-custodial parent. He has recently told me that he has signed a lease to a "new" place of residency in Georgia where he will be living from now on and the boys will be staying during their visitations but he refuses to give me the address and our divorce decree/custody agreement says he has to give it not only to the state case registry and the district county courts, but me as well. Page 31 of my divorce decree states that if he doesn't give me the address too, I can take him back to court and they will find him in contempt of court. I'm just trying to figure out if I have the right to refuse to hand them over at the airport on the 20th of December or what?

2 Lawyer Answers

A: No, unless a court order clearly says otherwise, the NCP's refusal to provide his address does not justify denying the NCP possession of the children in accordance with the terms of your custody order. This falls into the category of "two wrongs don't make a right." I would caution you that, particularly with Xmas holiday possession, doing so would probably not end well for you.

You can, however, take your ex back to court to enforce the terms of the Decree. The court may order him to provide his address to you, may hold him in contempt, and may enter a new order that you are not required to turn over your kids to him until he does. The first option mentioned is the most likely option.

Conversely, if you refuse to deliver the children at the airport, your ex could take you back to enforce the terms of the Decree. The Court may hold you in contempt, award him extra make-up possession time comparable to Xmas holiday possession, or even change the possession schedule entirely to award him primary physical possession of your children. For many households, Xmas is a major holiday so there really is no alternative period of possession that can effectively "make up" for a lost Xmas possession, so some courts will award the NCP possession of one or more full winter school holiday periods to the NCP if the CP wrongfully withholds possession during this time. This may mean you won't be seeing your kids at all next Xmas break and, possibly, any future Xmas breaks. The risk to you does not justify the reward of keeping your kids this Xmas to get back at your ex for not providing his address.

If any of your children have a cell phone or personal device, I recommend that you have that device "share location" with you so that you know where your children are. There is also a variety of GPS tracker devices including the Spark Nano that you can give your kids take with them. These devices will typically tell you it's last location whenever it is within range of a 4G or better network, which encompasses most settled areas of the continental United States. This is a much less expensive option than hiring an attorney to file an enforcement proceeding in court or even than the court filing fees if you were to attempt to do it yourself. Of course, that is counter-productive to how we attorneys earn our living, but it is up to you.

Rafee'a S. Majeed agrees with this answer

A: Unless your divorce decree states that you do not have to release the children without the Father's address, you are required to follow the divorce decree and surrender to the children to Father at the time and place in your decree. Failure to do so could result him taking you to court for violation the terms of the divorce decree.

Sometimes, there are legitimate reasons for violating the divorce decree (safety concerns for the children, child abuse/neglect, etc.). In those situations, you should be prepared to explain and provide evidence to the court as to why you denied the other parent their right to visitation with the children. You should also immediately seek to change the terms of your decree.

However, based on your question, if that is ONLY reason you have, you will likely NOT be successful in court.

I hope this information helps. Good luck to you.

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