Missing Children

[MsShauna]

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

My friend got divorced by publication and the minor children were not addressed. The mother has 2 kids from a previous relationship and possibly 2 by my friend. There is a pending DNA test for the youngest daughter. The mother filed child support for my friend's oldest daughter and filed for the youngest daughter but paternity has to be established because they are divorced.

The mother used to allow him to get the child but stopped when he refused to give her money for her oldest 2 children. He did it when he was married to her but they are not married anymore. After that the mom changes her phone number and moved. I went with my friend to the CS office to take the DNA test and they told him that he could not file for visitation or custody without an address and they won't give him her address because they advocate for her and not him.

He doesn't know where the children are or have a way to contact them. All searches have come back empty. How can he located the mother? If he can't locate the mother how can he get visitation? Doesn't he have the right to know where the children are at all times, at least the child that is legitimate?

 

[mistoffolees]

He needs to get a court order. If they were married when a child was born, he's the dad regardless of DNA testing.

So, he has to go to court for an order for visitation and/or joint custody.

He really needs to see an attorney. The attorney can probably get an order for CSE to notify him of ex's address fairly easily (unless there's a history of abuse or violence).

 

[MsShauna]

Thanks. The court said their is nothing he can do without an address to serve her. The child was born after the divorce but she is the one that filed for establishment of paternity. They served him last week and he went to take the test but was told he needs a copy of his divorce decree so come back by Friday.

Before the divorce was finalized she had filed for child support but given them a false address which he why they had to do divorce by publication in the first place. She gives her mother's address but does not live there. NO there is no history of domestic violence.

 

[mistoffolees]

Thanks. The court said their is nothing he can do without an address to serve her. The child was born after the divorce but she is the one that filed for establishment of paternity. They served him last week and he went to take the test but was told he needs a copy of his divorce decree so come back by Friday.

Before the divorce was finalized she had filed for child support but given them a false address which he why they had to do divorce by publication in the first place. She gives her mother's address but does not live there. NO there is no history of domestic violence.

Then he should talk with an attorney. A private investigator might be able to help, too.

 

[MsShauna]

Ok thanks. He is on the phone setting up an appointment with an attorney. The private investigator came back with zero as well. I just dont understand how she can drop from the face of the earth like that.

This may seem bizarre but there is no way to make mom give up contact info is there? Also since the divorce was by publication and did not address the children can he file kidnapping charges? He had been getting the child that does not have paternity questions until he refused money for her oldest children that were not his.

 

[mistoffolees]

Ok thanks. He is on the phone setting up an appointment with an attorney. The private investigator came back with zero as well. I just dont understand how she can drop from the face of the earth like that.

This may seem bizarre but there is no way to make mom give up contact info is there? Also since the divorce was by publication and did not address the children can he file kidnapping charges? He had been getting the child that does not have paternity questions until he refused money for her oldest children that were not his.

She's the mother, so she's not kidnapping.

He's going to have to work with the attorney. There are a number of options, but the attorney should be able to get a court order for visitation and for CSE to give up the address. If she continues to fight it, the attorney may even be able to fight for a change in custody.

 

[LdiJ]

Ok thanks. He is on the phone setting up an appointment with an attorney. The private investigator came back with zero as well. I just dont understand how she can drop from the face of the earth like that.

This may seem bizarre but there is no way to make mom give up contact info is there? Also since the divorce was by publication and did not address the children can he file kidnapping charges? He had been getting the child that does not have paternity questions until he refused money for her oldest children that were not his.

No, he absolutely cannot file kidnapping charges.

 

[Zigner]

Who are YOU in this situation and why isn't DAD on here asking questions?

 

[Antigone*]

Who are YOU in this situation and why isn't DAD on here asking questions?

This OP must be the "free advice guru" for all her friends. Check posting history

 

[SingleMom67]

This OP must be the "free advice guru" for all her friends. Check posting history

Oh good grief, not another one.

 

[mistoffolees]

This OP must be the "free advice guru" for all her friends. Check posting history

I really must start checking posting history before responding....

 

[MsShauna]

ok thats what I thought because one of the paralegals advised him to file kidnapping charges and that didnt sound right to me..lol yes they all seem to come to me with advice for some reason and I turn to this site because there is good advice here. I'm just a friend nothing more or less (his fiance was my best friend in high school). I want to go to law school for family law so they know I will find the answers for them.

 

[mistoffolees]

ok thats what I thought because one of the paralegals advised him to file kidnapping charges and that didnt sound right to me..lol yes they all seem to come to me with advice for some reason and I turn to this site because there is good advice here. I'm just a friend nothing more or less (his fiance was my best friend in high school). I want to go to law school for family law so they know I will find the answers for them.

Do them a favor - and have them post here themselves. They'll get better responses because you certainly don't have all the information.

I can't believe a paralegal told him to file kidnapping charges. Aside from it being completely wrong, paralegals are not allowed to give legal advice in the first place.

 

[MsShauna]

I sure will give them the site. I didnt think there was any harm in posting the question here and getting advice. I wasn't trying to insert myself in the situations just going a place where people have more knowledge than me. Didn't know I would be berated for helping. I do not have any kids so I do not have this type of drama, but yes most of my friends are male because I'm a sports junkie.

He wrote a complaint to the attorney she works for. In any event, from now on I will give them this site and tell them to join and ask the question. Thanks a bunch for all you guys' help.

 

[Proserpina]

ok thats what I thought because one of the paralegals advised him to file kidnapping charges and that didnt sound right to me..lol yes they all seem to come to me with advice for some reason and I turn to this site because there is good advice here. I'm just a friend nothing more or less (his fiance was my best friend in high school). I want to go to law school for family law so they know I will find the answers for them.

That paralegal should be reported, fired and sanctioned.