Deny Visitation

Ok I am in Texas and I understand the custody laws as I have a blended family as well.

Yes, he is in violation for not providing you with his new address, but if you dont let your child see him at the arranged time then that also puts you in violation. You are not allowed to hold visitation for any reason, even if hes a year behind on support you still cant.

The child support office doesnt have anything to do with the visitation side. Your attorney should be able to do a quick letter, explaining to him that hes in violation.

Also, since your ex wont give you his address, tell him your not going to withhold visitation but that it must be done at your home, if he can not provide you with his new address. Be ready to show him in the papers where that part is written.

I know its a sticky situation, and if it were me Id just take the chance of him retaliating on me and not give him the visit. But thats not the way the law says go about it.

Also, you know your ex, is he the type to take your child and not bring them back. Is he typically pretty good about answering the phone and returning your calls. If deep down you know your child is in good hands, then let them have the visit and contact your attorney ASAP to make sure this doesnt happen again.

Child support orders have absolutely nothing to do with custody and visitation orders.
Sorry to tell you that.
Your ex definitely has to let child support know of a change of address within a certain amount of time, especially if they are collecting from him.
However, that has nothing to do with visitation.
What do your orders say?
Does he pick the child up or do you drop the child off at a neutral location?
Dad may not have notified you of his current address or where he takes the child, but you know for a fact you have an order giving him permission to have the child. Don't fall into the trap or make the mistake of being in contempt of court over an address issue.

You need legal advice. I'm sure the woman you talked to meant well and I'm in California not Texas, but from everything I know, you do not have the right to withhold visitation over this.

Best wishes.

Why wouldnt he let you have his address? Is he afraid of you?
You cant withold visitation or you will be in violation. You dont have to let your child go with him tho, you can meet somewhere and visit there or he can come visit at your home. You are not legally bound to let your child go to his home if you dont know the address. Since he doesnt want you to have it makes me think he would try to take your son.... so definitely don't let him out of your sight.
Document all of this. let your atty know whats going on. Tell the cops so that when he comes to get your son you do NOT have to let him take him. But you will need a court doc to show the police. Make sure you always have current make, model and license plate number of your ex's vehicles as well.
Sorry you have to deal with this.

If its the law, go ahead and deny. I would also have to know where my kid was.

READ YOUR VISITATION ORDER!!! Every detail is explained in your visitation order, which is a part of your final divorce decree. The rules and the penalty for non-compliance are all spelled out for you. If you deny court ordered visitation, then you are in violation and will be the bad guy then he will have the law on his side. If he violates the order, then he is the bad guy and you have the law on your side. You must comply with the visitation order to be able to keep the law on your side. He could be baiting you to see if you will violate, then he has grounds for taking you back to court to modify the visitation AND the custody orders. Be very careful how you proceed, you could be taking a great risk. After you read your orders, if you have questions contact your attorney or the court that handled your divorce for clarification, they are the only ones to provide correct info, NOT friends, NOT employees in the child custody office.

It can vary by state but it could be considered a safety factor not knowing the address of where the child will be staying with the other parent and there for visitation can be refused. I would call a family law lawyer and get a free consult so you know what your rights are.

Let him visit at your home if he wants. You do have the right to know where your child is; at the same time your child has the right to see Daddy at Christmastime. This may be an uncomfortable situation for all adults involved but please think of your son. He shouldn't be punished or denied because his father is not responsible. (Not sure the age...you didn't say.) Either way, I would not let my child go.

I live in Texas and have heard this to be true. I have been divorced and had a child involved as well. He is required to notify you of an address and phon number change. I would deny him visitation until he does give you the property notification. I would also have some sort of documentation with you to show this in case he raises a stink about not getting the child. Also in case he involves the law, you can show proof of what you are doing and show that you have not received notification of his new address. You have a right to know where your child is at all times. If the situation was reversed how would your ex feel about it? He needs to realize that this is about your son not about the two of you. Good luck!

What they told is correct.I've had similar issues!

If it clearly states in the custody/visitation agreement that your ex must notifiy of his new address then yes you can keep your son home because he is not complying with the custody order. If it is only referring to the child support order then you must let your son go with his father because child support and visitation are separate court issues.

He's not complying with a state mandated order. Do not let the children see him until you know where he is living. And, even perhaps with whom.
You can run a check on a person with ZABA. It costs a little money but is well worth the peace of mind.

I know this to be true in Arizona as well. I would deny visitation. Think of it like this.....what if something were to happen? You have no idea where your child is! You could not even point authorities to his home if there were an issue. He needs to notify you and you need documentation to show that he is refusing.

Hi B., I'm sorry you're dealing with this, especially around the holidays.

First, I'm surprised that anyone at the child support office is giving custody/visitation advice. Those are two separate issues. And either way typically that kind of court worker is prohibited from giving legal advice. Perhaps in your state or county they are handled in one office and they were just informing you of the usual rules. Either way, I'd verify with someone actually in family court before denying visitation.

That said, he DOES need to tell you where they will be during the visitation. Why not email (so you have it in writing) and tell him since he is in a new place, you will drop DD off for this visit rather than have him pick her up so you can know where she'll be.

HTH,
T.

Can you try to discuss this with your son's father? As in, "I need to know your address if our son is going to be visiting with you there. I need to know where to find him in case of an emergency." Explain to him that you are not comfortable letting your son go with him without knowing where they are staying. Then see what he says. If he's being completely unreasonable and still won't tell you, I would contact an attorney and see what they have to say about it.