there is no custody order. yes i think i know where he is.
So you can go to the clerk of the court in the county where the child resides and request the packet of forms so you can file for custody of the child. Tell the clerk you are going to file pro se - without the assistance of a local attorney
When you get the packet, follow the instructions and fill them out. Then file them with the clerk. You will need to serve him with everything you file with the clerk.
A hearing will be established and you can go to the hearing and explain why being the sole physical and legal custodial parent is in the child's best interests
Now, since he has had no contact, he may not want to get involved in this at all and so he may never respond to your documents that you had served on him.
And that would be a good thing. Because then at the hearing the court will grant you the custody
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