My question involves a child custody case from the State of: Texas
Short and sweet -
Son born 04/24/2003
Divorced as JMC's (I have residential Possession) 03/13/2014
NCP spent time in prison 2005-2010. My ex in-laws saw my son time-to-time as I interacted with them. NCP begins visitation 2010-2013. Back in jail 2013 5 times. Crimes are 1st degree felony - distribution of controlled substance, felony larceny, felony assault. Misdemeanors, 2x DWI, 1x possession, 2x assault, 2x petty theft. NCP out of jail and excersing visitation 1st 3rd 5th and summer for 2014 and thru July 2015. NCP lived with his parents since 2010 due to his lack of stability. He sold used cars in eBay as post-incarceration employment - all cash pay to PayPal in his dads name.
NCP took a seasonal job as a back country trail guide Spring/Summer 2015 in CO. Missed 75% visitation (no call-no show). He moved there full time August 2015 and became a partner in the company/hotel he was a seasonal employee of. Also- he will not disclose employer - he is $39,805 in arrears. Can't get him served if I can't nail down a time/location for the process server so why bother filing enforcement?
Now it is almost Christmas 2015 - he gets odd years. He has not called nor had any contact with our son in 3 1/2 months. My son calls him regularly, no answer. The ex-in-laws try to pick up for visitation saying that they are Dad's designated person for transport as outlined in the order. I allowed this 5 times and forced my son to go (he didn't want to since dad no longer lives with Grandma - Dad not there to hang out with). My son even recorded himself in his phone telling Grandma "I don't want to go to your house for overnights if Dad is not there. I can hang out with my friends at home instead". Now grandma just comes for lunches and movies, no more weekends.
I am denying the Christmas visitation for Dad.. We expect them to file enforcement on me and that is OK. But I need to prove in court that Dad lives elsewhere. In-Laws lie for him and will say he still lives with them, that he just travels alot (said he was 'sick' when he was in Jail for 7 months for grand Larceny - my son freaked out thinking his dad had cancer or something and cried daily at the age of 8). My son also said dad told him he lives in Fairplay, CO. And dad has a new phone # with that CO area code.
I am not trying to prevent a relationship - I would just like him to disclose his address as we are both ordered to do. Also- if he leaves the counties outlined in the order for residential purposes, then my restrictions will be lifted as they are dependent on the NCP's location. I am not comfortable not really knowing where my son is/will be if he visits dad.
In a nutshell, the order has visitation and practices in place should he move. How can I prove that he moved? And please don't say based on my son's testimony. He is 12 and very sensitive about his father. I would like to shield him from this storm if possible.
Hope this makes sense - It's a flaming ball of MESS but I would like some advice on finding out his location for court purposes.