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  1. #1
    Join Date
    Feb 2006
    Location
    East TX
    Posts
    3

    Default Wife & Daugher missing

    I was convicted of a State Jail Felony (evading detention w/ a vehicle) (State of TX) in July of 2004 and sentenced to serve 20 months. A month prior to this, my wife & I were living together with our daughter at the time. My wife left me and took my daughter prior to my incarceration. She had taken off with her Mother, who had sold her house and quit her job. My wife has never held a job. I never heard a word from her during my incarceration nor did any of my family members. She has completly disappeared. I have consulted a lawyer recently on how to go about getting a divorce when shes missing, along with any of visitation rights to re-establish a relationship with our daughter. The lawyer says that it is my burden to have someone find her (Private Investigator) and then I can proceed from there. Lawyer says I can get a divorce by by default but that will not help with any visitation arrangements. Well I had a Private Investigator do some searching. I provided him with both my wife & daughters SSN#'s. Along with her relatives/friends information. He has found absolutely no information on her what so ever. The most recent record he came across was in 2004 which was a record of her at our former residence. I desperately want to find her so I can proceed legally and hopefully re-establish a relationship with our daughter. The situation is not looking good at all so far. Any information anyone could provide would be helpful.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Missing Wife and Child

    The lawyer is correct that you need to track down the mother and child to pursue effective custody litigation. But given her disappearance you may wish to discuss with the lawyer the possibility of seeking custody based upon substituted service, such that you have an order which (although possibly problematic if the mother and child have lived in another state for six months or more, and possibly subject to revision by the court when they are found) establishes you as having custody rights and compels the mother to produce the child.

  3. #3
    Join Date
    Feb 2006
    Location
    East TX
    Posts
    3

    Default

    How can my felony conviction (evading detention w/ a vehicle) effect me in court when it comes to visitation rights with my child?

  4. #4
    Join Date
    Feb 2006
    Location
    East TX
    Posts
    3

    Default

    Okay well the Private Investigator has went out to this address for my wife on 3 seperate occassions and was not able to get anyone to come to the door to confirm wether or not it's her. He says that he can do video surveilance to try to hopefully get footage of her on camera and I can decide wether or not it's her. Now if he not able to get any footage or get anyone to come the door. This leaves me in a difficult position for divorce. The lawyer I spoke with says that I can file divorce to where it's posted in the newspaper for 3 weeks and if she still doesnt answer, then I can goto court and get the divorce by default. Now that still doesn't make my daughter appear. Will the Judge award me visitations through default divorce? I've heard that more than likely he will do that. And will there be another hearing for visitation proceedings? If so and she does not show up, then will they citate her for contempt and issue a warrant for her arrest? I'm not asking for anything from my wife for this divorce, I only want to see my child as I am legally entitled to by the State of Texas. If I do have to do this by default, then how will they go about having her come out of hiding so that I may see my child?, that is if the Judge does award me some type of visitation which I'm assuming he will with what I've been told by lawyers.

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