Legal Question in Family Law in Virginia
NCP failed to give notification of move.
My ex-husband recently moved. He did stay within the same city he was previously in, just a different apt. I found this out from our 8 year old son. He did give me his new phone number, but did not notify me of his intent to move, as required by the divorce decree, nor has he given me his new address. Our son is due to go for summer visitation in two weeks, at which time he will spend one month in Delaware, where his father is located. There is conflict between us due to his requesting changes to the PSA. I am concerned about allowing visitation when I do not know the address where our son will be located for one month. Do I have any recourse? At this time I have not asked him for the address. It was his responsibility to notify me. Should I at least ask for the address before taking any legal action that I may be entitled to? Do I have to let our son go for the summer visitation if he refuses to notify me of his new address?
2 Answers from Attorneys
Re: NCP failed to give notification of move.
You should ask him for the address first and if he refuses then you would be entitled to take legal action, i.e., a Motion to Compel him to supply you with his address. Technically you are required to allow the visitation, but I don't think any court would fault you for not allowing it given you don't have the address.
Re: NCP failed to give notification of move.
Virginia law requires that a party give notification of a change in address thirty days before doing so to both the Court and the other parent. If they fail to do this you should issue a Show Cause Warrant for Contempt of Court and have the matter heard by the judge. I cnnot advise you what to do but if it were my chld, I would not let my child go for visitation until I had the address and telephone number of where she will be. If it came to a court action you would have to prove that you inquired and the information was not provided. Make the request by certified mail, return receipt requested so that you can prove the request was made. Even if father doesn't pick up the mail you can prove you sent it. If you dont have an address to do that, then you need to make the request in front of a winess that can later testify.
I am not your lawyer so I do not give you advise about what to do. I just present options.
Good luck.
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