'Not having a current custody order in place does not defeat your child's interest in you as a parent and the same holds true for your interest in your child. Since you do not know the
BM or child's location the PROPER filing is an Ex-Parte motion for temporary custody of the child. Ex-Parte means without notice to the other party and is commonly used in all states (particularly for the case at hand).
Just the act of filing this motion should render null and void any orders placed in a foreign jurisdiction (ie Alaska) thus further protecting the child and the left behind parent. Once a custody order is in place in your home state it will be the only VALID order and the schools and others will be out of BS reasons to not cooperate. Demand the child's return.
BTDT'
BT, DT too, Davy. And you are absolutely right...he could very easily file and ex parte motion and even get temp. custody ordered to him. But unless and until the BM is found, what the heck good does it do? All it says is that he should have temp. custody, but until it's served on the BM and she and/or child are brought back to his state, it's only a piece of paper. Kind of like an RO...it's only worth something until the parties associated with it do something to make it so.
In 1990 and while in CA, on DS's 1st birthday, his father physically assaulted me. I then made plans to return to IA within the next month. Up until that point, all we had was a BC with both parents' names on it, nothing more. I was scared, so I ran. While in IA, BF filed for
paternity in CA. He only assumed I was with my parents, and a deputy ended up serving me the petition while at my parents' home, requiring me to appear in CA court. I got scared again and returned to CA, because I was of the impression that if I hadn't, DS would have been taken away from me and sent back to CA to his dad. All of this transpired over the course of about 2 months.
When I returned to CA, I had NO choice but to move back in with BF and within 2 days, we were in a judge's chamber and I signed a ONE PARAGRAPH
joint physical and
legal custody agreement with no legal representation. I had no idea what the implications were until 3 years later. I thought it was the only way to keep DS from being taken from me.
I returned to CA after being served because I was scared. But if I had been a PBFH and had the resources, BF would have never been able to get me served. I probably would have eventually had a warrant issued for my arrest, but unless and until I was found, it would have been a moot point.
About the only thing the OP has right now is the town the BM might be in. And unless it is an extremely small town, there's no way she will be found unless there's a warrant issued for her arrest and the LEA in her area get lucky. But an ex parte petition will not automatically generate that warrant. What generates the warrant is her failure to appear and if the judge decides to issue it. And if the BM has managed to travel 4000 miles away to Alaska in January, I'd say she certainly has some resources somewhere.