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    ssparks02's Avatar
    ssparks02 Posts: 2, Reputation: 1
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    #1

    Jun 30, 2011, 06:59 AM
    Visitation when child location is unknown
    My husband hasn't had much communication with his twin 15 year old boys until recently as we did not know where they were. About a year ago, we found them on Facebook and since that time he speaks to both of them often. The boys have both stated they would like to come visit, their mom will not let them. My husband has asked the mom to be "Facebook friends" so he can work something out to see the boys but she refuses to speak to him. We would like to file for visitation, but we do not know where they live. Ashland County, Ohio is taking the child support and will not tell us their address also we heard 6-7 years ago they moved to West Virginia after Ashland Children Services tried to take the children away for the step-dad being sexually inappropriate with the twins sister; however, we do not know if that information is correct. How do you, or can you file for visitation when the children's location is unknown and where would we file?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jun 30, 2011, 08:05 AM
    Quote Originally Posted by ssparks02 View Post
    My husband hasn't had much communication with his twin 15 year old boys until recently as we did not know where they were. About a year ago, we found them on Facebook and since that time he speaks to both of them often. The boys have both stated they would like to come visit, their mom will not let them. My husband has asked the mom to be "Facebook friends" so he can work something out to see the boys but she refuses to speak to him. We would like to file for visitation, but we do not know where they live. Ashland County, Ohio is taking the child support and will not tell us their address also we heard 6-7 years ago they moved to West Virginia after Ashland Children Services tried to take the children away for the step-dad being sexually inappropriate with the twins sister; however, we do not know if that information is correct. How do you, or can you file for visitation when the children's location is unknown and where would we file?
    Was he ever married to the mother? Is there currently a court order granting him rights of any kind - custodial, visitation, etc?

    If there is no court order, he could opt to file in Ashland County. The issue is then getting her served, which is going to be impossible since you "think" she moved. Your husband should have enforced this years ago; as you know, it's going to be a big mess at this point.
    ssparks02's Avatar
    ssparks02 Posts: 2, Reputation: 1
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    #3

    Jun 30, 2011, 08:35 AM
    Comment on this8384's post
    They were never married and he did not pursue his paternal rights. They were together and he got in trouble for trespassing and went to jail during which time she and his friend got married. My husband then decided it was in the best interest of the kids to let the Step-dad raise them and not have the tension of the arguing between them over visitation be a part of the children's life, so he has stayed away and just paid the Child Support. As time went on and he had found out about the children services case he decided to start trying to find them and start communication. Then we found out one twin had started smoking Marijuana, and the mother gave, herself, each of the boys a tattoo, etc. (all of which are documented through emails and pictures) he decided he had been wrong this entire time and feels it is imperative to start being a positive role model for them. The "Better late than never" theory. I thank you for your help and we will start in Ashland.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Jun 30, 2011, 08:41 AM

    Quote Originally Posted by ssparks02
    They were never married and he did not pursue his paternal rights. They were together and he got in trouble for trespassing and went to jail during which time she and his friend got married. My husband then decided it was in the best interest of the kids to let the Step-dad raise them and not have the tension of the arguing between them over visitation be a part of the childrens life, so he has stayed away and just paid the Child Support. As time went on and he had found out about the children services case he decided to start trying to find them and start communication. Then we found out one twin had started smoking Marijuana, and the mother gave, herself, each of the boys a tattoo, etc. (all of which are documented through emails and pictures) he decided he had been wrong this entire time and feels it is imperative to start being a positive role model for them. The "Better late than never" theory. I thank you for your help and we will start in Ashland.
    First, please use the "Answer this question" box at the bottom of the thread and not the comments feature :)

    Second, is your husband established as the children's legal father? Did he sign an acknowledgment of paternity to put his name on the birth certificate, or did he take a court-ordered DNA test?

    Third, is there a court order for visitation? Or is there merely an order for support which he has been paying?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #5

    Jun 30, 2011, 09:02 AM

    Since there is a order for chld support, that is the court that appears to have jurisdiction. So you file in that court with a motion to require them to provide you with their location.

    Then you file for visitation with the court. And I seldom know 15 year olds that would not give you their address if you told them you needed it to file for visiation.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 30, 2011, 10:14 AM
    Quote Originally Posted by Fr_Chuck View Post
    Since there is a order for chld support, that is the court that appears to have jurisdiction.
    Jurisdiction for child support purposes, and jurisdiction for custody/visitation are two different kettles of fish. If West Virginia is the boys' home state under the UCCJEA, that would be the place their father would have to file.

    Quote Originally Posted by Fr_Chuck View Post
    ... And I seldom know 15 year olds that would not give you their address if you told them you needed it to file for visiation.
    The simple straight-forward solution is not obvious, sometimes. Good catch. :)

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