Do I have the right to know where my child is during visitation?

Do I have the right to know where my child is during visitation?

Generally yes, father and mother have right to know where the child  is during the visitation. Custody and visitation are established through court order or judgment. The court order should have a special provision about notification of the child’s location during the visitation

Do I have the right to know where my child is during visitation seems like a simple question. The general answer is yes. Any parent would worry about what is going on and where his/her child is when they’re away; even if they’re just visiting the other parent. Both father and mother are entitled to know where their children are during visitation. The father and the mother must tell each other home addresses and phones numbers.

What would trigger the question do I have the right to know where my child is during visitation?

The question do I have the right to know where my child is during visitation usually arises when:

1. One of the parents often frequently drops the children off too late. The longer one of the parents delays the court-ordered return time, the more worries and uncertainties in the waiting parent’s mind. The parents always have a tendency to imagine the worst-case scenario – care accident, child abduction, emergency room … who knows what is in mom’s head.
2. You have a reason to know that the children might be taken without your permission out of the local area, out of state, or out of the country.

The children are excited and talking about going to Russia, the other parent has a close tie to his/her country and quits his job, the relatives/friends from foreign country telling you the ex- had someone know he is planning to relocate, ext.

3. You children, especially young children are behaving unusually after the visitation of the other parent and cannot explain properly why. The children could be unusually tired after visitation, the children might cry without explanation why, the children could be scared and express anxiety, ext.
4. You are concerned that the other parent’s girlfriend or boyfriend is fit or safe to be with the children

Those are some, but not all  reasons which might trigger the question do I have the right to know where my child is during visitation

Do I have the right to know where my child is during visitation – court order vs. no court order

At the beginning of this blog I stated that the GENERAL answer to the question do I have the right to know where my child is during visitation is yes. However, there might be a situation when there is no court order establishing a parent’s right and/or visitation. If the parents were not married and the father has not taken legal action. We have discussed this situation briefly in the blog can the mother keep away the child from the father 

In order for the father to assert his right for custody/ visitation, he needs to file a paternity action.

If you don’t have established your parental rights through proper order, the answer to the question does I have the right to know where my child is during visitation is no.

If the parent were married and divorced, the child custody and visitation is established in the judgment or post-judgment court orders.

Even if you have custody order there are two possible variations – whether it is specifying that parent shall let each other know where the children are or is not.

Assuming the situation there is nothing in the current court order regarding that each parent shall know the location of the child during the visitation. One of the parents is calling another to ask where is the child and the other parent refuses to provide. The requesting parent is calling the police – a bad option. If there is no reason to think that the child is in danger, the police’s involvement would play against you, as an overprotecting parent and aggravate your relationship with the other parent. Even worst-case scenario if the other parent is narcissistic or abusive. In such a situation, you better not to contact him/her at all and try to allocate the child with different resources.

You can use smartwatches with built-in location tracking or iPhones with special apps or any other devices with the capability to track the child’s location. It is not always a perfect solution because you need to tell the child and the other parent what you are doing and it might invoke some complications. For example, your child might get some anxieties that he might be in danger if you are tracking his location. The other parent would feel distrustful and will do similar location tracking when the child is with you.

The best way to proceed if there is no provision about notification of the child’s location during the visitation in the court order, the parents should make a stipulation and order to include such provision. If one of the parents would like to stipulate and the other parent is refusing, the first parent can file a motion for modification. The motion would be probably granted and the court order would include the provision regarding notification of each other addresses. In such a situation ff one of the parent refuses to notify, the violation of the court order would entail serious consequences.

If you have a domestic violence restraining order against another parent, everything above does not apply and you do not need to disclose your address.

 

Knowing Your Child’s Location During Visitation in California

Ensuring your child’s safety and well-being is a top priority during and after a divorce, especially concerning visitation arrangements. California law provides guidelines and protections to help parents know where their child is during visitation periods. Here are additional considerations and legal actions to ensure you are informed about your child’s whereabouts during visitation.

Establishing Clear Custody and Visitation Agreements

When creating custody and visitation agreements, include specific provisions about the child’s location to prevent misunderstandings and provide peace of mind.

Key Provisions to Include:

• Exchange Locations: Specify where the child will be picked up and dropped off.
• Travel Restrictions: Include travel restrictions, such as prohibiting out-of-state or international travel without prior consent.
• Notification Requirements: Require each parent to inform the other of the child’s whereabouts during visitation, including addresses and contact numbers.

Using Technology for Peace of Mind

Various technologies can help ensure you are informed about your child’s location:

• Smartphone Apps: Apps like Find My Friends or Life360 can track your child’s location in real-time.
• Smartwatches: Devices with GPS tracking can provide continuous updates on your child’s location.
• Communication Apps: Regular communication through secure messaging apps can keep both parents informed about the child’s activities and location.

Legal Actions in Case of Non-Compliance

If a parent refuses to disclose the child’s location, legal actions may be necessary:

• Filing a Motion: If the current custody order does not specify location sharing, file a motion to modify the order. Request that the court include a provision requiring both parents to share the child’s location during visitation.
• Contempt of Court: If a court order is in place and the other parent is violating it by not disclosing the child’s location, file a contempt of court action. This can lead to penalties for the non-compliant parent, including fines or changes in custody arrangements.

Emergency Situations

If you believe your child is in immediate danger, California law provides options to protect your child:

• Emergency Custody Orders: Request an emergency custody order by demonstrating immediate harm or risk to the child.
• Domestic Violence Restraining Orders: If there is a history of abuse, obtain a restraining order that may include provisions for temporary custody and restrict the other parent’s access to the child.

Working with Law Enforcement

In situations where you are concerned about your child’s safety and the other parent is uncooperative, involving law enforcement may be necessary. This should be a last resort to avoid escalating tensions.

• Police Assistance: If you believe the child is being taken out of the jurisdiction without consent, contact local law enforcement for assistance and provide them with a copy of the custody order.
• Child Protective Services: Report concerns of abuse or neglect to Child Protective Services, which can investigate and take necessary actions to protect the child.

Consulting with a Family Law Attorney

Navigating custody and visitation issues can be complex and emotionally charged. Consulting with a family law attorney can help you understand your rights and the best course of action. An experienced attorney can assist with:

• Drafting and Modifying Custody Orders: Ensure all necessary provisions are included to protect your interests.
• Filing Motions and Legal Actions: Take appropriate legal steps if the other parent is non-compliant or if there are concerns about the child’s safety.
• Mediation and Negotiation: Facilitate discussions and agreements with the other parent to avoid court battles.

 

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