i have had an issue come up with my kids mother. I have tried to get an order of protection but she no longer lives in the same county and i don't have her address. the county i live said they cant do an order of protection if she doesn't live here anymore. what else can i do? i am afraid she may come and try to take my kids and run with them. she has told me herself that she is not fit to be around the kids by herself. she has been in and out of rehab for over a year and just got out of an institution a few days ago.
File for emergency custody and get an ex parte temporary custody order. That should protect the children until she can be located and served with process.
I think Nicholas gave the perfect answer. An Order of Protection won't help you much here, you need to have a custody document.
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You can file an Emergency Petition for Custody and an Ex-Parte Order in the county in which you reside and in the Juvenile Court there if you were never married based on those circumstances under exceptions to jurisdiction for emergency situations. However, even if you get the Order and then can't find her to serve her, she will not be aware and may still try to attempt to take the children, so it is really important you give copies of it to the kids' schools and/or daycare facilities to make sure they know they are not to allow her to take the children under any circumstances.
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