Mother is MIA

[VelaRac]

     I am the father of a 4 year old girl. Her mothers where abouts are unknown for the last several months. Except for the 3 months she spent in jail for indecency with a 14 y/o boy. The child has been living with me since her mother disappeared. (at least a year)

     We were never married and there aren't any court orders for child support. I am on the birth certificate as her father. I have a copy of the birth certificate also.

    Approx 4 months ago, I was shot at by some of her acquaintance's. These people were looking for her and were found to be under the influence of drugs at the time of arrest. In their drunken confusion thought they get to her through me. Luckily we are ok. My daughter was with me when the incident occured.

     In the past she has threatened to take the child and leave with her. I would like to obtain physical , legal, soul custody of my daughter. I am in fear of the childs safety in her mothers possesion.  
     I have no idea where she can be reached for serving perposes.

These are my questions:

1. What is the process to aquire legal custody of my daugter?
(Giving the mother supervised visitation)

[socrateaser]

>These are my questions:
>
>1. What is the process to aquire legal custody of my daugter?

You must file a petition to establish paternity and for custody, and child support, and then you would simultaneously file an emergency ex parte motion for temporary sole custody, on grounds that the mother has vanished, and the child may suffer irreparable harm if your request is not granted.

The emergency motion will get you custody without serving the other parent, although you will have to attempt to locate her afterwards and then serve her with the motion and the petition (and a summons).

Then you will make every possible effort to locate the mother, by using an investigative service to at least try and determine her whereabouts via credit reports or DMV records. Then, if you fail, you go back to the court and move to "effect service by publication in a local newspaper." If you've got proof that you've gone thru some hoops and been unable to locate, then the court will grant the motion, after which you will put notice in the newspaper, and after no response for the statutory period (30 days, probably), the court will issue a default in your favor, and you'll be done.

Until the mom shows up and possibly tries to have the default set aside and asks for a new custody hearing. But, by then the status quo will have been well established and she will be S O L.