He didn't even need to hire an attorney! If they had the money to hire investigators to track her down, they could have used that money to file for a modification or even just contempt for violating the order.weenor said:Go back and reread my post. The FIRST time this woman pulled a disapearing act, he should have hired an attorney to file for a petition of modification. If she could not be found through diligent effort, then most courts would have allowed service by publication. She doesn't show...boom ...instant order for her to return the child to the state...warrant...arrest...child comes home. She is ordered to stay. She leaves again? Then file a petition for custody...same process...Do you see the pattern here. He didn't have the money cause he didn't priortize. period.
I don't buy the claim that it was almost impossible to track her down either. If he was paying support as the OP claims, the money was going SOMEWHERE! Even though CSE can't directly give out any personal information, all he had to do at ANYTIME over the last 10 YEARS was to request all of the current orders and/or wage assignments in effect or even get a copy from his employer. Every one party to the order will have all of their CURRENT personal info right there on the wage assignment, unless a judge has ordered the information be withheld from each other.
For that matter, he really didn't even NEED her correct address. If his order stated that mom was to give him her correct contact info, he could have used the last known address for the court petitions. The clerk would have cross-referenced it with their information and updated it if it was incorrect in most cases.
Even if he didn't have a clue as to how to go about the process CORRECTLY and had the case tossed, at least he would be able to PROVE he actually made an effort. As it is, it makes it appear as though he didn't even care enough to try. (Before you get your panties in a wad OP, I'm NOT saying he DIDN'T try, only that to a court, that is the way it will LOOK.)