Is he the legal father?
Is he the legal father?
No paternity has been established by the court or anything but he did sign the birth certificate. He wants to begin the process of taking her to court but she is nowhere to be found and her family is not cooperating in letting him know anything, not even if she's in the state, out of the state...nothing. She hasnt communicated consistently at all and in the last 2-3 months hasn't returned texts, facebook messages and since either changed her number or had her phone disconnected. She did finally return one facebook message 2 days ago but was being childish, vague and difficult and wasn't much help even when asked how the baby was doing she kept on about the past relationship and how they weren't together anymore. Even during the inconsistent times of communication he would ask to come visit with his son and she would not get back to him for days sometimes weeks. When asked to take his son for the day or night she always had a reason to not let him n told him he couldn't but he could stay the night with her n that's how he could see his son and have him overnight. The difficulty with this woman is taking a toll on him and now affecting him even more so because he has no idea where his son is.
Okay, then because he wasn't married to Mom, he had to have signed paternity papers. This is good news for him, because now he's the legal father and even without a custody order Mom doesn't get to just up and leave and conceal the child from him.
He needs to get himself to an attorney - as in the next hour or two - and file for a temporary order pending a final determination of custody. His attorney can guide him on whether this is or isn't enough of an emergency to file an ex parte order (usually limited to imminent risk of harm, but can also pertain to a parent who takes off and there's a decent chance the child will be removed from the state).
We definitely know that she has indeed moved whether within the state or out is the unknown answer but I'm really leaning on completely out of the state. If this is the case I know u must file within the county the child resides....we do not know where that is. Do we file in the county of the child's last known whereabouts?