I discovered my ex wife has lied to me for years about the residing address of my son who lives out of state. This explains why she has had a P.O. box and wanted everything mailed there instead of the residence. What can I do from a legal standpoint?
First let me preface my answer by stating that I am not licensed to practice law in the state of California and you should contact an attorney in your jurisdiction before taking any action in your case, so that you may receive specific advice to your question.
This is a difficult question for me to provide any guidance because the facts that you recite are very general and brief. As far as taking any legal action, you would need to ask yourself what harm has she done by not being honest about your son’s location. While I am a firm believer that you have an absolute right as a father to know where your children are at all times, I believe a Court will look to see if any harm has been done to the child by putting him in an alternate location or based upon your ex-wife’s lies.
If there is a Court Order or agreement in place that requires her to give you the address of your son’s location, then she may be in contempt of court, but again, if there is no actual harm suffered by you or your child because of the lie, the Court most likely will tell her to notify you of the current location and to not do it again.
If however, the child is being placed in harms way or could be subject to harm at his location, this may be grounds to modify the parenting schedule and/or custody. You should seek the advice of an attorney in your jurisdiction so they are able to evaluate all the facts and give you specific advice to your question.
Jason Bowman is an attorney in the Louisville, Kent., office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.