Does child residency have to be disclosed during separation?

Question:Cordell & Cordell attorney Andrea Miller

My wife and I are separated but still legally married. She has since moved out of our marital home with our children but will not tell me where she is living.

Can she keep this information from me and not tell me where she and my kids are living?

 

Answer:

Unfortunately, I am only licensed to practice law in North Carolina, not Texas. Cordell & Cordell has men’s divorce lawyers nationwide who would be happy to assist you in answering your question based on the law in your state.

The answer to your question depends on whether there is an order in place signed by the judge or an agreement that specifically talks about residences. If there is an order and/or agreement regarding residences and keeping one another apprised of each other’s current residences, then she is in violation of that order and/or agreement.

If there is no court order nor an agreement, there is nothing you can really do except ask her where she is living. You do have a right to know where your children are sleeping overnight and a right to be concerned about their well being.

However, if there is neither an agreement nor an order, your wife is not violating anything by not telling you where she is. At that point, you would have to go to court to have the court order her to provide you with her current address.

Without knowing the specifics of your case (i.e. whether an agreement has been signed or whether an order is in place) there is no way to really answer your question on possible solutions to your problem.

I would speak to an attorney in your jurisdiction who could better advise you after obtaining more information from you concerning your specific case. Please be advised that my answering of this question does not constitute an attorney-client relationship.

 

Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.

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