Filing for Custody After a Parent Abandons the Household

[alovingfather]

My question involves a child custody case from the State of: south carolina. The mother of my kids have ran off taking the 2 kids with her.to.another state, she has been.gone for 3 1/2'weeks now.. She will not answer phone calls or text. Im wanting to file in family court but have no way to serve the papers because she want answer and type of communication. Thus far in the past year she has not had the abilty to support herself or the kids, not having a job, car or a home. I just dont know where to start, and what are some options?

[Dogmatique]

You need to find Mom - if you cant, you're stuck. That is THE most important thing right now.

Please define though, what you mean by her not having a home.

[alovingfather]

This is the second time she disappeared, after comin back the first time my parents offered to let her and the kids stay with them until she got on her feet. When this happened the first time she was only gone a month but told my mother that every night they slept somewhere different. She has no steady place to call home in the last 4 months she has lived in 3 different places, not counting her leaving, which the different places she lived where not hers she lived with people.

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I do.know the city she Iis in just not an exact address.

[Dogmatique]

Okay, that is what I suspected. Mom is not homeless. She doesn't need her own place.

The next question is, has paternity been legally established?

[alovingfather]

My name is on both birth certificates, there has never been any questioning, or test been done.

[aardvarc]

You're dead in the water, legally, until you're able to find mom and have her served. Situations like this are exactly why fathers should seek visitation orders BEFORE some major crisis erupts. How old are the children?

[alovingfather]

One is 2 the other is.6 months. Before now we had verbal agreements and a written agreement signed and notarized, didnt think it would come to this.

[Dogmatique]

The written notarized agreement unfortunately carries no legal weight at all.

The situation might be different if you and Mom were married, but as an unwed couple, she's currently the only person entitled to custody until and unless a court order is in place.

[alovingfather]

Yea I was just informed of that a week ago.

[Dogmatique]

First, you need to find where the mom is. This is where you have to think! You can figure it out by doing below :
1. Her phone records if you can get access to. If she called you you can narrow it down to particular area
2. Facebook or any social media. Look out for any new post.
3. Common frieds she might be intouch with
4. Relatives
5. Bank change of addr
6. File JUST a missing person complaint without mentioning ur situation
7. Hire a private investigator

1 & 6 are actually TERRIBLE advice.

Are you advising OP to file a false missing persons report? Really?