Results 1 to 6 of 6
  1. #1
    Join Date
    Dec 2015
    Location
    Fort Bend, TX
    Posts
    2

    Default How to Prove That the Non-Custodial Parent Doesn't Live With His Parents

    My question involves a child custody case from the State of: Texas

    Short and sweet -

    Married 04/13/2003
    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.

    Thanks! JBM

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Ncp Moved Out of State - Grandma Uses Transport Clause to Exercise Visitation

    I'm not sure where you thought anyone on here would tell you to involve a child in his parents mess, but that doesn't happen here.

    Now, go hire a private investigator

  3. #3
    Join Date
    Dec 2015
    Location
    Fort Bend, TX
    Posts
    2

    Default Re: Ncp Moved Out of State - Grandma Uses Transport Clause to Exercise Visitation

    Sorry for the assumption, I just read a lot of these posts and on other sites and gathered that since my son was of legal age to be involved in the courts that someone may tell me to do that. I have even had 2 lawyers tell me my son should testify during a consult.

    Hiring a private investigator is what I am trying to avoid if at all possible. The expense would impact us tremendously. I have emailed a few and the $6000 upfront is huge - especially when I know I will have impending legal fees sooner rather than later after that.

    Thank you for your advice. If all my eggs end up in the PI basket, then I will have to address it from that angle.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ncp Moved Out of State - Grandma Uses Transport Clause to Exercise Visitation

    This is going to sound like I'm not sympathetic to your child's position -- and I am; but I think you're going about this the wrong way and could end up hurting yourself and putting your child into the middle of your conflict with your ex-.
    Quote Quoting onwardandupward
    View Post
    I am denying the Christmas visitation for Dad.... I am not trying to prevent a relationship - I would just like him to disclose his address as we are both ordered to do.
    If you are denying visitation, you are actively preventing a relationship. There are better ways to get an address than by refusing to comply with the court's custody and visitation order.
    Quote Quoting onwardandupward
    My son also said dad told him he lives in Fairplay, CO. And dad has a new phone # with that CO area code.
    Assuming he in fact lives in that city and not with his parents, if you have a city of residence and his phone number it would ordinarily be pretty easy to get an address. On top of that, you have told us that you know where your ex- works. But if you know that the child is staying with your ex's parents, and you have their address and phone number, then your refusal of visitation is not really about the address.
    Quote Quoting onwardandupward
    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.
    You'll have to do a better job describing these county-based restrictions if you want people to comment on that issue. But that aside, it's not even slightly unusual for parents to take their children on long-distance vacations during extended parenting time, so unless the order prohibits visitation to be exercised outside of those counties the possibility that visitation might occur elsewhere would not be a basis to deny visitation.
    Quote Quoting onwardandupward
    I am not comfortable not really knowing where my son is/will be if he visits dad.
    You need to make up your mind as to whether your child is spending dad's parenting time with the paternal grandparents at their home in Texas, or if he's spending the time with your ex- in Colorado. Recall also, one way or the other, your child is more than old enough to call you and inform you of any address at which he's staying.
    Quote Quoting onwardandupward
    How can I prove that he moved?
    What evidence do you have that he moved? If the answer is "none", and your ex- and his parents say that he hasn't moved, then you're going to be in a terrible position trying to convince a court that you did not unreasonably deny your ex- his Christmas visitation.
    Quote Quoting onwardandupward
    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.
    Perhaps, then, you should file a motion with the court to compel your ex's compliance with the court's order, and in the interim comply with the court's visitation order. Or speak to one of the lawyers you've consulted about whether you have a basis for an emergency motion that might result in ex parte relief or a hearing date prior to the start of your ex's visitation.
    Quote Quoting onwardandupward
    View Post
    Sorry for the assumption, I just read a lot of these posts and on other sites and gathered that since my son was of legal age to be involved in the courts that someone may tell me to do that. I have even had 2 lawyers tell me my son should testify during a consult.
    What I suspect that they told you is that if you insist upon going to court over the issue, and the only evidence you can muster in support of your position that dad has moved is the testimony of your son, then it's going to be necessary to put your son on the witness stand to support your contentions. They probably also warned you of the consequences you could face for refusing to comply with the court order based upon assumptions that you cannot prove in court. If they told you that your son should testify -- that is, if they suggested that it would be a good idea -- I would consider going with one of the other lawyers you consulted who told you that putting the child on the stand should be avoided if at all possible.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,202

    Default Re: Ncp Moved Out of State - Grandma Uses Transport Clause to Exercise Visitation

    Does your son routinely record conversations on his phone ?

  6. #6
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Ncp Moved Out of State - Grandma Uses Transport Clause to Exercise Visitation

    In this day and age, many people have to TEMPORARILY relocate for job.

    1. Sponsored Links
       

Similar Threads

  1. Custody and Visitation Issues: How to Prove that the Custodial Parent is Using Drugs
    By Pj ordain in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 01-05-2015, 05:55 PM
  2. Modification of Custody: Custodial Parent Doesn't Live with the Children
    By arealparent12 in forum Child Custody, Support and Visitation
    Replies: 8
    Last Post: 09-11-2013, 06:34 PM
  3. Eviction Process: How to Prove Tenant's Parents Do Not Live with Him
    By roberth in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-03-2013, 12:35 AM
  4. Modification of Custody: Child Doesn't Live With Custodial Parent
    By toeknee567 in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 07-24-2012, 08:01 PM
  5. Custody and Visitation Issues: Custodial Parent's Rights When Non-Custodial Parent Doesn't Follow Custody Orders
    By Selany in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 03-19-2012, 11:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources