Family Law Questions? Ask a Family Lawyer Online.
Hello, thank you for the question.
What state to you live in, and what state does your ex live in?
You're in the Canada Law category at the moment.
OK, I'm going to ask the site to move your question to the US family law category. Please be patient.
Good evening. I am assuming that your wife is also the mother of your son. Do you know your wife's whereabouts?
Ok, so it sounds like you're not quite certain of her whereabouts. What I'm trying to ascertain is whether you could find her for the purpose of serving papers on her.
Ok, and there's no custody order in effect, correct?
Yes, last question (probably): how long do you believe your son has been out of state?
Ok, the first thing that I'm going to say is that under the Uniform Child Custody Jurisdiction and Enforcement Act, if a child is out of state for six months or more, jurisdiction to determine child custody can move to the state where the child resides (in fact, in some cases, it can change in less than six months). This means that if you wait until next year to file for custody and if the child has been relocated to Alaska (for example), you may end up having to fight for custody in the Alaska courts. I recommend that you consider whether you need to file for custody as soon as possible.That said, getting a private investigator isn't a terrible idea, but you don't want to end up in a tug-of-war with your child being shipped in and out of state, back and forth between homes. The practical solution is usually to just file for custody, serve the other parent, and then serve her with interrogatories and/or call her for a deposition. These are discovery tools that can be used to compel her to provide information like the child's whereabouts, everyone who has had contact with the child, etc. In fact, it can also be requested that the court order the child returned immediately regardless of where he is located
So how to proceed is up to you, but just filing for custody will usually give a parent the tools that they need to find their child. Let me know if further clarification is needed, and please feel free to leave a rating once you are finished (it does not cost anything extra to do so, and it is the only way I may be credited for my answers.) Thank you!
You're very welcome. Have a good rest of your evening, and I'm glad that I could help.