What is the name of your state? MO
My brother is wanting to file to modifiy the existing custody order for visitation. The only problem is he doesn't know where his son and the mother are. They were married and when they went through the proceedings to decide who would have custody of the little boy my brother didn't show up for court (dumb I know). The judge gave custody of my nephew to the mother and there was not a visitation order for my brother. So any communication with my nephew has been up to the discresion of the mother. My brother has tried to stay in contact with his son (however, he hasn't been consistant like he should). My nephew's mother won't allow him to speak with his son, saying he doesn't want to talk to his dad. Recently my brother has threatened to file for visitation to enforce his parental rights. The following day the mother changed her telephone number and her address (he has not had her physical address for years, only a PO Box). My question is how can he file if he doesn't know the child/mother's location? If they send the notice for court to her PO Box and it is returned (we know it will be, a card for my nephew has already been returned) will they go ahead with the court date, and could he possibly win visitation by default since he has no way of notifying her? There isn't a court order for child support either so no one with the state has any idea where she is. I know my brother hasn't done things as he should and unfortunately hasn't been always been an active father. But he is trying to get his life together and would like to rebuild a relationship with his son, even if starting with short phone calls or supervised visits. But what can he do without knowing her location. When he talked to the clerk at the court house they told him unless the mother is court ordered to maintain contact or to arrange visitation then visitation is up to her and she can move without notifying him. The clerk also told him that he would have to hire a private detective to locate the mother. Is this the only option he has? Any feedback you can provide would be very helpful. Thanks!
My brother is wanting to file to modifiy the existing custody order for visitation. The only problem is he doesn't know where his son and the mother are. They were married and when they went through the proceedings to decide who would have custody of the little boy my brother didn't show up for court (dumb I know). The judge gave custody of my nephew to the mother and there was not a visitation order for my brother. So any communication with my nephew has been up to the discresion of the mother. My brother has tried to stay in contact with his son (however, he hasn't been consistant like he should). My nephew's mother won't allow him to speak with his son, saying he doesn't want to talk to his dad. Recently my brother has threatened to file for visitation to enforce his parental rights. The following day the mother changed her telephone number and her address (he has not had her physical address for years, only a PO Box). My question is how can he file if he doesn't know the child/mother's location? If they send the notice for court to her PO Box and it is returned (we know it will be, a card for my nephew has already been returned) will they go ahead with the court date, and could he possibly win visitation by default since he has no way of notifying her? There isn't a court order for child support either so no one with the state has any idea where she is. I know my brother hasn't done things as he should and unfortunately hasn't been always been an active father. But he is trying to get his life together and would like to rebuild a relationship with his son, even if starting with short phone calls or supervised visits. But what can he do without knowing her location. When he talked to the clerk at the court house they told him unless the mother is court ordered to maintain contact or to arrange visitation then visitation is up to her and she can move without notifying him. The clerk also told him that he would have to hire a private detective to locate the mother. Is this the only option he has? Any feedback you can provide would be very helpful. Thanks!
