LOCATION OF MISSING CHILDREN

When the parties minor children cannot be located
  1. Family Code 3140
    If one or both parents have not appeared in an action for custody or modification of custody, the court shall require the moving party to provide a certified copy of the minor child's birth certificate. The birth certificate shall be forwarded to the local sheriff's department to determine if that child is identified on the National Crime Information Center Missing Person System.
  2. Child Support
    If the whereabouts of a person receiving or paying child support is unknown, and there is an open case with the local child support agency, the agency may have the address of missing parent. Although many times the local child support agency will not give you the missing parent's address, the agency can serve the parent with any papers necessary for a hearing or motion.
  3. Child Support
    If the children of a marriage have been missing, depriving the parent paying support from visitation, child support may be waived during the time that the children's whereabouts were unknown. However, this may only occur after the children are no longer minors.
  4. Family Code 3130
    If the whereabouts of a minor child are unknown and a petition for custody has been filed or an order for custody has been entered, the district attorney shall take all actions necessary to locate the child and to obtain compliance with the order. In addition, the petition to determine custody may be filed by the district attorney.
  5. Family Code 3131
    If a custody order has been entered, and a child has been taken in violation of that order, the district attorney shall take all actions necessary to locate the child and return the child. By taking these actions, the district attorney shall act on behalf of the court and not either parent.
  6. Family Code 3134
    If the district attorney incurs fees for the expenses in locating a minor child, the court can assess fees against either party for the location of the minor children. The county may take reasonable actions to enforce the judgment.