Can the custodial parent not disclose where they are living?

Can the custodial parent not disclose where they are living?

The Question:

The mother of my child — the custodial parent — lives in Arizona, and she has moved to a new address. I go and visit my baby every three months, but the mother has refused to tell me where the new address is.  She is also now trying to tell me that she is unable to let me see my child. What can I do?

RJ Says:

She should NOT be keeping her address from you. She also should NOT be preventing reasonable access. Doing so COULD even be considered a crime. Per A.R.S. §13-1302, a person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person . . . . “Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.”

Are there NO Court Orders? File. File. File. File now. She does not have the right to unreasonably restrict your access, and if she continues to do so, she herself could suffer repercussions. Do not allow yourself to miss irreplaceable milestones and memories. With your initial “Complaint in Paternity”, you could also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge. OR, perhaps a strongly worded letter from an experienced attorney would convince her to act more reasonably.

Do you have a question? Send it to RJ, and we’ll get you the answer you need.