Ex left town with 61/5yr old child, Don't know Were tho!

[Ronnyrocket]

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

We haven't been together since she was prego and she has been totally inconsistant with me seeing the child since he was born. About 13 months ago I took her to court and was granted Gardianship every second weekend. The Gardianship order also stated that if she moved to another state she has to give me 90 days notice and I'd have to give consent! Well she did neither! Sorry I'm new to this and I really don't know what to do. I don't know were she is but I have some ideas, her family is no help because they don't seem to know much either. Isn't this kidnapping, will the Police help me find her in this situation?! In court could I have rights to custody now?? ...Last year she became extreemly physically ill and I was the sole caregiver for that time, for about 6 months! She got well had him back for almost 5 months, we abided by the Court Order again, and than she just left town with my son.

I think she left about a month & 1/2 ago about, Whats my first step in this?

 

[Ohiogal]

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

We haven't been together since she was prego and she has been totally inconsistant with me seeing the child since he was born. About 13 months ago I took her to court and was granted Gardianship every second weekend. The Gardianship order also stated that if she moved to another state she has to give me 90 days notice and I'd have to give consent! Well she did neither! Sorry I'm new to this and I really don't know what to do. I don't know were she is but I have some ideas, her family is no help because they don't seem to know much either. Isn't this kidnapping, will the Police help me find her in this situation?! In court could I have rights to custody now?? ...Last year she became extreemly physically ill and I was the sole caregiver for that time, for about 6 months! She got well had him back for almost 5 months, we abided by the Court Order again, and than she just left town with my son.

I think she left about a month & 1/2 ago about, Whats my first step in this?

File contempt for her moving without notice and ask the court for an order to return the child. Serve her at her last known address. Also, have you attempted to contact her relatives or friends?

 

[Zephyr]

Is the child in school? You could see where school records were transfered to.

 

[Ronnyrocket]

I know nothing of were they are...

Yes I'v contacted her family but they seem to not know much at all, they are upset about that. They can't help me they are almost as uninformed as me. ..Serve her last known address, but she doesn't live there anymore what good would that do? Yes I tried, the school has no information for me on this... I have no idea were she is can't I get the police to help me find her!?

 

[mistoffolees]

Yes I'v contacted her family but they seem to not know much at all, they are upset about that. They can't help me they are almost as uninformed as me. ..Serve her last known address, but she doesn't live there anymore what good would that do?

People generally don't offer useless advice here.

It would do 2 things for you:

1. It would still be legitimate proof of service so you could go to court and get an order for the child to be returned.

2. If you send it registered mail and ask for forwarding address, then you might get her new address if she left it with the post office.

 

[Ronnyrocket]

Alright that makes sense. Sorry I am just extreemly worried, I came back from a month 1/2 of working 7 days a week 14 hrs and am pretty tierd and I still can't seem to get proper rest because of what I come home to find. I have just a week to try to handle this before I go back to work for another stretch. I need as much help as I can get with what to do in this situation as I can before the week is up. I am trying to get ahold of my lawer today. Before getting police involved what other legalities do I focus on?

Thx Jay

 

[Nevergrowup]

Just so I'm clear...when you were working that much, does that mean you didn't exercise your visitation that whole time? So you haven't seen the child in a month and a half?

Lovely situation all around.

 

[Zephyr]

The school didn't transfer any records?

 

[Ronnyrocket]

I work on the Rigs, oil job, its long hrs, longs stretches of time a month or so but very good pay, Its for a few months out of the year but i can provide for myself and son better, I'v payed over 400$ child suport as it is atomaticly taken from my check since the child was 18 months old.. I don't work that much all year though. What does that have to do with my rights with knowing my son and finding them.

 

[Ronnyrocket]

She obviously planed this without my knowing, she could have got the records before she left from the school...

 

[LdiJ]

I work on the Rigs, oil job, its long hrs, longs stretches of time a month or so but very good pay, Its for a few months out of the year but i can provide for myself and son better, I'v payed over 400$ child suport as it is atomaticly taken from my check since the child was 18 months old.. I don't work that much all year though. What does that have to do with my rights with knowing my son and finding them.

Well, one thing that it means is that you are unlikely to be granted primary custody because you have a job that makes you unable to parent for long stretches of time.

 

[Just Blue]

Is the child in school? You could see where school records were transfered to.

Unless I missed it...You did not answer this VERY helpful question.

 

[LdiJ]

Unless I missed it...You did not answer this VERY helpful question.

You missed it, post number 4, kind of buried in a run on sentence.

 

[Ronnyrocket]

But I was generally the primary caregiver for 6 months

But last year when she got became ill and wasn't able to care for him, I had him for 6 months and was responsible for the day-to-day duties with my job. I live at home with my parents and my mother helped me quit alot but I still had him with me for all that time!...

Hey isn't this considered kidnapping still?! The fact is she left town without my consent! should I not call the police?! I realize some legal action on my part is nessisary but seriously finding her on my own is looking almost impossible!

 

[LdiJ]

But last year when she got became ill and wasn't able to care for him, I had him for 6 months and was responsible for the day-to-day duties with my job. I live at home with my parents and my mother helped me quit alot but I still had him with me for all that time!...

Hey isn't this considered kidnapping still?! The fact is she left town without my consent! should I not call the police?! I realize some legal action on my part is nessisary but seriously finding her on my own is looking almost impossible!

Nope, its not kidnapping and the police will not help you with this. Its a civil matter.

If you could have him with you that whole six months despite your job, then why didn't you attempt to have him with you on your weekends for that month and a half?