Legal Question in Family Law in Texas
Non-custodial parent changes residences without notifying c.p.
The non-custodial parent is ordered to notify me within 7 days of any change of residence and has refused to do this on many occasions. This last time she told me she has moved but refuses to send me her new address. She has visitation 1st weekend, and limited on 3rd and 5th but has normal holliday visits.
What options do I have? She is a drug abbuser and is $5000 behind in child support. I am afraid to send my child with her not knowing where they are going to be staying.
1 Answer from Attorneys
Re: Non-custodial parent changes residences without notifying c.p.
It kind of depends on what you want to accomplish. If all you want is to know where your child will be, you can file a motion for contempt. If you want to restrict possession, then you may wish to file a motion to modify and seek temporary orders.
Parties are supposed to obey court orders until and unless they are changed. If you simply fail to turn over the child, you risk being held in contempt yourself. On the other hand, if there is a bona fide emergency which would cause you not to turn the child over - if you are fearful of the conditions where the child is going and have good reason to be fearful - then a court may elect not to punish you for not turning the child over if the other parent cites you for contempt.
I would strongly suggest you consult a family law attorney in whatever county in Texas your case was litigated because a local attorney will have a feel for how whatever judge you are assigned might react to your situation. A local attorney also could learn more about the facts of your case and then give you some specific, meaningful legal advice.
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