Child Concealment

[akalatheory]

What is the name of your state (only U.S. law)? Illinois

I left my husband earlier this month and took our two year old. I have told him the city I'm in, which is right next to his. He just filed divorce this morning and is now claiming I have to give him the specific address by state law. I spoke with an attorney who recommended I not even let my husband see the child period because I had been doing that much at very least, but that withholding the address wasn't a crime. Was he accurate, or was that false?

 

[Proserpina]

What is the name of your state (only U.S. law)? Illinois

I left my husband earlier this month and took our two year old. I have told him the city I'm in, which is right next to his. He just filed divorce this morning and is now claiming I have to give him the specific address by state law. I spoke with an attorney who recommended I not even let my husband see the child period because I had been doing that much at very least, but that withholding the address wasn't a crime. Was he accurate, or was that false?

Why did the attorney advise you not to let your husband see his child?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Illinois

I left my husband earlier this month and took our two year old. I have told him the city I'm in, which is right next to his. He just filed divorce this morning and is now claiming I have to give him the specific address by state law. I spoke with an attorney who recommended I not even let my husband see the child period because I had been doing that much at very least, but that withholding the address wasn't a crime. Was he accurate, or was that false?

Why shouldn't your let your husband see your child? Why are you not providing an address? Why are you behaving this way? You could possibly get in trouble as your husband -- if the legal father of the two year old who was born during the marriage -- has equal rights to the child as do you. If not legal trouble, consider that the divorce court will not look positively at your actions. This could lead to losing custody possibly.

 

[akalatheory]

He said that because my husband could take her at any point. And why not give him the address? Because he is extremely vindictive, manipulative, controlling, retaliatory and harassing. And I don't want him showing up and causing trouble or retaliating because I finally left him after years of manipulation and verbal abuse, not to mention fleeing from his very controlling behavior.

 

[Proserpina]

He said that because my husband could take her at any point. And why not give him the address? Because he is extremely vindictive, manipulative, controlling, retaliatory and harassing. And I don't want him showing up and causing trouble or retaliating because I finally left him after years of manipulation and verbal abuse, not to mention fleeing from his very controlling behavior.

Well, good luck with that.

Even if there isn't a statute compelling the release of your address, family court is going to have a field day with you if you now decide to withhold visitation. Your reasons aren't anywhere near enough to justify keeping his child from him.

Why do you believe it's okay for you to do that, but clearly would balk at Dad doing the same to you?

 

[Proserpina]

Aaaaaand... post hx.

 

[akalatheory]

Um, I haven't withheld visitation?

 

[akalatheory]

Might I also note, he is under investigation in Clinton, IA for felony assault. Has multiple dv's on his record too.

 

[Proserpina]

Um, I haven't withheld visitation?

Then that's great!

Though why you mentioned it, I do not know, if that wasn't your intent. Nor does it make sense that you'd be justifying same.

But regardless, there is no statute compelling you to give Dad your address - at this point. Once you get to court, it's a whole new ball game and you should expect to be told that you will be giving Dad your address and that'll be the end of it.

 

[Proserpina]

Might I also note, he is under investigation in Clinton, IA for felony assault. Has multiple dv's on his record too.

Since the assault isn't against you and since the DVs also didn't involve you, they're not going to affect things much, if at all.

And be warned - throwing mud at Dad tends to leave your own hands dirty.