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yvonne1978 · Jan 7, 2008, 03:30 PM

If a non custodial parent who is in arrears of over $5,000 does not supply their address as a part of a court order, does this person still have visitation rights?

twinkiedooter · Jan 7, 2008, 04:32 PM

Sounds like he won't disclose his address so you can nail him for support. You can always follow him and see where he lives if you know where he works. And yes, unfortunately, unless the Judge orders otherwise, the SOB has visitation rights. Why haven't you done anything about getting HIM to comply with the child support? He's going to be spending some time in the hotel gray bar if he doesn't soon do something about it. If you don't have an attorney to help you, by all means go to the Child Support Enforcement Agency in your county. They will be more than happy to serve him with a summons to appear in court and tell the judge why he's 5 grand behind. If he has a job THEY will find him, rest assured... they don't give up.

ScottGem · Jan 7, 2008, 04:34 PM

Traditionally visitation and support have been kept as separate issues. So whatever his status as to support, it doesn't affect his visitation.

yvonne1978 · Jan 13, 2008, 04:29 PM

I was pretty sure they were two separate issues or "Apples and oranges",unfortunately. The child support hadn't been an issue my partner and I make ends meet one way or another and since he changes jobs every time he is located we just decided its not our trip to the big house... but he asked to see them after about 9 months and my concern is that we don't even have an address for him. It is clearly in the decree that both parties must supply a certified letter 30 days prior to the move. So that is my main concern... I don't want to be held in contempt for not allowing the visit, however I can't just let my children go without knowing where he resides. Oh, and thank you for the clarification it is much appreciated

ScottGem · Jan 13, 2008, 04:47 PM

No you do not have to let them go with him without knowing where he lives. You can allow him to see them in your presences, but you don't have to let them go with him.

macksmom · Jan 13, 2008, 06:27 PM

Visitation and child support are 2 separate issues... one doesn't effect the other.

But since YOU don't know the address either, no I wouldn't let the children go with him until he tells you the address.
The worst that could happen is he files and tries to hold you in contempt of court, in which case you would tell the judge he refused to inform you of where your children would be staying. No judge is going to fault you for that... and then the courts would get his new address.

ScottGem · Jan 13, 2008, 06:32 PM

Do not just take his word for the address. Insist on proof.