Unsure what my rights are when the other parent disappeared

[Gd00480]

What is the name of your state? Indiana
I’m the father. I have a son who is 3 years old. I was never married to the mother. About a year ago, the mother was in an abusive relationship. All of her family is in Tennessee. I allowed for her and my son to go there for there safety. It was supposed to be temporary. As time went on things became very rocky and it was hard to see my son. We still talked frequently and at least got to FaceTime. In November things changed and she was overall just angry with me and barely communicated with me. Well yesterday I learned why.
With the tornados happening down there I tried repeatedly to contact her. After all day I finally reached out to a different family member of hers who informed me my son no longer lives with her and hasn’t since november and he is in fact with the abusive boyfriend she left in Indiana. Her family member also said she spoke with boyfriend and he said him and his mom have been trying to contact me. No one actually knows where the mother is and they believe she is on the other side of the country.
At this point what can I do? Can I go get my son since he is no longer with a legal guardian and hasn’t been in months? Or do I need to still go through court and request for emergency custody. I have spent all day trying to verify everything because of past events. And I have gotten video proof my son is indeed with him. I’ve got an attorney who I’m just fine with turning too, but I’m just trying to get as much info before I go to him tomorrow. Thank you

 

[adjusterjack]

I’ve got an attorney who I’m just fine with turning too

Then turn to your attorney. That's where your best advice will come from.

 

[LdiJ]

What is the name of your state? Indiana
I’m the father. I have a son who is 3 years old. I was never married to the mother. About a year ago, the mother was in an abusive relationship. All of her family is in Tennessee. I allowed for her and my son to go there for there safety. It was supposed to be temporary. As time went on things became very rocky and it was hard to see my son. We still talked frequently and at least got to FaceTime. In November things changed and she was overall just angry with me and barely communicated with me. Well yesterday I learned why.
With the tornados happening down there I tried repeatedly to contact her. After all day I finally reached out to a different family member of hers who informed me my son no longer lives with her and hasn’t since november and he is in fact with the abusive boyfriend she left in Indiana. Her family member also said she spoke with boyfriend and he said him and his mom have been trying to contact me. No one actually knows where the mother is and they believe she is on the other side of the country.
At this point what can I do? Can I go get my son since he is no longer with a legal guardian and hasn’t been in months? Or do I need to still go through court and request for emergency custody. I have spent all day trying to verify everything because of past events. And I have gotten video proof my son is indeed with him. I’ve got an attorney who I’m just fine with turning too, but I’m just trying to get as much info before I go to him tomorrow. Thank you

I have slightly different advice than the other poster. Go get your son, NOW. Then contact your attorney.

 

[stealth2]

Hold on a moment. Have you established paternity, LEGALLY? Are there any court orders? That's where we start.

 

[Gd00480]

Hold on a moment. Have you established paternity, LEGALLY? Are there any court orders? That's where we start.

Yes, I have established paternity. Joint custody.

 

[Gd00480]

Then turn to your attorney. That's where your best advice will come from.

I will be tomorrow just trying to figure out if there’s anything I can do now.

 

[Gd00480]

I have slightly different advice than the other poster. Go get your son, NOW. Then contact your attorney.

This is what I’m wanting to do. I’m just worried if I legally can.

 

[bcr229]

Do you have court-ordered visitation?

 

[Gd00480]

Do you have court-ordered visitation?

Yes I do

 

[t74]

Do you know definitely where the child is?

 

[Gd00480]

Do you know definitely where the child is?

Thanks to social media yes. The man he is with is from the same town of 6,000 people. So wasn’t hard to find a friend who knew him. It’s just so bizarre

 

[stealth2]

If *I* were in your shoes? I'd go to pick him up but would consider stopping by the local police station (bring your court orders) to at least advise them of the situation and your intent.

 

[t74]

Thanks to social media yes. The man he is with is from the same town of 6,000 people. So wasn’t hard to find a friend who knew him. It’s just so bizarre

It is good that you do not have to search for a "missing" child!

 

[Gd00480]

After hours on the phone with DCS and local police, my attorney, a different attorney and every other organization I was told to contact. I got advice from going to pick my son up to placing a nation wide missing child. I called the local police station to do a welfare check and confirmed he in fact is with this guy. Also that the mom was out of state. Showed them all the custody documents I had my attorney send me. Showed them proof that mother had been telling me they were still in fact in Tennessee. The denied me, the only legal guardian, from leaving with my son. Still nobody has been able to contact the mom or actually knows where she is. The attorneys tell me one thing, the police do the opposite. At this point I have no idea what to do. From what I understand it will be hard to get emergency custody if we can’t locate the mother. It just seems like after days of being on the phone, meeting with everyone. I’m no closer to getting my son

 

[Zigner]

You need to work your way up at the police station.