Childs Father Won't Give Me His Address

Updated on July 07, 2011
S.P. asks from Dallas, TX
8 answers

I'm am single parent of a 3 year old son I ended the relationship w/ his dad when our son was 8 months old.

We were living together His dad quit his job and refused to look for a job each time I'd ask him if he found a job lead or if I found

him a job lead there was always some excuse of why he couldn't take the job. I was laid off at the time and getting

unemployment. I gave an 3 month ultimatum if nothing changes I'm done and hard as it was I was prepared to carry it out.

When our son was 8 months old he was hospitalized for 8 days for MRSA. During our son's stay we had to be

transferred to another Children's Hospital in a different city 1 hour from our hometown since it was not enough room for my son.

During son's hospital stay his father did not call or visit us and my son had to get two surgeries It was very scary and stressful

my son's father stepfather was the only person who visited I had enough by day 5 in the hospital I called him and said IT"S OVER

Fast Forward 2 1\2 years later . His dad has not been consistent in seeing our son only twice when he was 9 months old and

when he was 18 months old and there is a court order for child support and visitation Child support he has yet to pay .

Any way last Friday he left me a message saying he's gonna pick up our son that's fine he recently moved and I want the new

address he said I had his # which is actually his mothers land line phone.( He lives with his mother and he does not have a cell

phone) I was like well I'm not gonna hand over my son to you he came by I ask him again then he wrote down the address. I had

a friend google it and it wasn't the exact address. I know he won't kidnap our son but I do not like the fact that he won't give me

his exact address especially since he has to come up to my residence by court order to pick up our son. I would appreciate some advice on

how other parents have handled this situation thanks.

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S.B.

answers from Redding on

For one thing, just and FYI, you cannot withhold visitation because a parent is behind in child support. Many people see that as an option, but trust me, the courts don't see it that way.

Since he's only seen your son twice since he was 9 months old, it seems to me that you are trying to go by an old court order for visitation.
You need to file for a modification of custody and visitation. You will probably qualify for a fee waiver so that you don't have to pay court costs.
In your declaration, state that you wish to revise the order of the court dated___________ based on the following facts.
1) Visitation has been intermittent at best.
2) After long periods of no contact with the child's father, he is hesitant to give you contact information, including a residence address, when he does want to take the child.

You in no way wish to keep the child from having a relationship with his father, however you humbly ask the court to compel him to provide you with contact information and an address so that you can stay in communication with him in the event of emergency, etc, while the child is with him.

Provide a copy of the address he wrote down for you.
Attempt to have him served at that address.
If it is a bogus address, then you may have to attempt to serve him some other way. Legal aide should be able to advise you.

~ a side note: You say he lives with his mother. You don't know where his mother lives? Just asking.
I'm divorced. I've never had a cell phone. Land lines are considered acceptable contact information.
Living with his mom doesn't mean he's homeless, but you should have a good address. You may need to write him a letter.

In California, no modifications are ordered unless the parents go through mediation first. There is an exception.
It's called default.
That's where one parent doesn't show up for court hearings or mediation appointments and defaults, meaning the other parent gets the orders they requested.
I think the court would be completely understanding about your concerns over a parent popping up so infrequently wanting you to follow a court order that has not been followed by the absent parent.
Document everything. Get a calendar and write down every single day that visitiation is supposed to occur and doesn't because dad doesn't follow through. Document every conversation, phone call and exchange.
It's time for a check up with the courts because they have no way of knowing how things are going if you don't tell them.
It will take some work on your part, but it will be worth it.

Hang in there.

1 mom found this helpful
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K.H.

answers from Richmond on

yes, he may have a court order so that he can pick up his son BUT he has to give you his verified phone number and address, if he refuses, or you find that he has given you bogus or misleading information about HIS ADDRESS, PHONE NUMBER OR OTHER INFORMATION, then you are legally under no obligation to hand over the child. do not let him take the child until you have a verified address, chances are good he is trying to TAKE the child so he doesnt have to pay you child support.
K. h.

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B.W.

answers from Dallas on

First and foremost - take the jerk back to court! for child support and to amend where he is required to tell you where he is living (although I am surprised that is not in the papers). Keep good notes of when he does not visit and if he visits other than the designated times. Does he drink? drugs? thinking supervised visitation would be nice.....because you did not let him take him at the court designated time, he can take you to court for contempt but I don't see that he could win....if he does make sure you counter claim the non support. I don't think you need the reminder as you seem very level headed but your son has a right to know his dad - support or not - and you must focus on that. That said, I doubt the boy even knows who he is as infrequent as he has seen him....I will be thinking of you..

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S.W.

answers from Minneapolis on

I would not allow him to take your son. I would be very suspicious of his reasons, after he's stayed away this long.

I would get a new court order, since it's been so long since the dad has expressed any interest in seeing his son. Then dad can see his son, according to a new agreement.

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P.S.

answers from Dallas on

Why would you let this man see your son when he has not contributed anything for his support. He has only seen your son twice and gives you a bogus address. Spend time with your son is a privilege that he HAS NOT EARNED. Tell him either he stops being a dead beat dad and pay child support-back and future-or he can sign off on your son.

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M.H.

answers from Dallas on

He is required by law to keep his current phone number and address current with the court and you. I would definately get in touch with an attorney or go to the law library and figure out how to file a motion for enforcement. I don't know legally if you can withhold your child from visitation because you don't have a current address, but I know I would personally not give my child to anyone unless I knew where he was going. Perhaps you can volunteer to drop your son off for visitation so you can see what the place is like and know where it is? Definately ask a lawyer about this.

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A.M.

answers from Dallas on

PLEASE, PLEASE, PLEASE DO NOT HAND HIM OVER !!
I'M SORRY BUT I WOULD BE VERY SUSPISOUS AT THIS STAGE.
YOU & THE COURT NEEDS HIS SOLE ADDRESS ( not his mothers ) & IT NEEDS TO BE CHECKED OUT, IE: VISITED BY SOMEONE IN AUTHORITY, IN FACT I WOULD ONLY BE HAPPY WITH HIM SPENDING AN HOUR OR TWO AT YOUR OWN HOME WITH SOMEONE ALSO PRESENT. DONT BE FOOLED BY HIM & PLEASE DONT LET YOUR SON OUT OF YOUR SIGHT.
I WISH YOU LUCK xx

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G.B.

answers from Oklahoma City on

I would call the attorney asap and get a hearing in the courts. He has legal right to see his child and you don't want to end up in court for contempt. Although I think the judge would see it your way I would NOT want to take a chance the judge didn't like it.

Call child support enforcement today and get the paperwork started to have child support held from ANY job he gets. The employer is required to take it out of his pay before he gets his check and they send it in and the child support enforcement sends the support on to your.
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Also, since your child does not know him, supervised visits until they establish a relationship is a good idea. That way you are not involved in the visit but the visit is allowed to go on in a supported and supervised manner. The state will not do this for you if the child is not in their custody so be prepared to finance this option. A family member can meet dad at McDonalds and they can play and visit for an hour each weekend until they know each other better. McDonalds is not the best option, a park or playground would be the best.

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