Where do I start?

[aeast0108]

My exwife and I have joint custody of our two children. I have physical custody, she gets visitation. Over a year ago she moved out of state (from Missouri to Wisconsin) and has only had one visit. She has not seen them in 9 months or even asked about seeing them in about 6 months. She calls occassionally but not regularly. She has never paid support and now owes over $5000. Her family has informed me that she has moved again and all I know is that she is in Pennslyvania. I have no address and she will not give me one. At this point I would like to file for full custody but I don't know where to start. What is my first step and what will the rest of the process be? I really appriciate any help you can give me. Thanks.

 

[aeast0108]

I just wanted to add that I applied for legal services and was told I did not meet income qualifications, but that my case had merit and that it deserved to be heard in court. At this point, is my only option to hire a lawyer or can I file on my own? I have a limited income, but know this is something I need to do for my kids best interest. Please help me.

 

[ohiogranny]

I can understand your frustration, but I'm not sure having sole Legal custody would be of any advantage to you. If you are required to make major decisions jointly, and Mom is MIA, then I don't see you being in trouble for not consulting her.

You could file for contempt for non payment of support, and not supplying the court/CS her current address (if that is in your agreement or in the state statutes). But it would prove difficult to have her served. Is CS paid through the court/state, or directly to you? Is it court-ordered? If it goes through the state, they may prosecute her at their cost but they can't help you with the other issues.

What do your papers say she has for visitation? You may be able to do a modification to the visitation based on her lack of interest, for example if the kids are very young, a re-introduction period so they can get re-acquainted with her if and when she does show up wanting time with them.