Legal Question in Family Law in Arizona
I have court to terminate parental rights with the father of my two older children and the judge asked me to try and locate him besides putting an add in the paper what can i do?
2 Answers from Attorneys
Well, you don't really want to locate him if you want him to terminate his parental rights. So if you don't know where he is you have to provide "notice" by publication. This may not provide actual notice but it's what is called "imputed" notice because you have to assume he has seen the ad. Or he may not have. Anyone, it's not your problem. If he doesn't respond to the court when required, the parental rights will be terminated by the court without his say.
Best of luck.
If his rights are going to be terminated in his absence, the court needs to be assured that all efforts were made to locate him and that publication was a last resort. Judges like to know that you've at least tried contacting any of his family members that you know, and that you've done on-line searches (just the free ones through google and yahoo are usually sufficient). Some judges require a public records search (many process servers offer a "skip trace" service to locate people), including checking to see if he may be incarcerated in one of Arizona's correctional facilities. If the judge believes you've made every effort (short of hiring someone to go find him), then the judge can make a finding that publication was sufficient and his rights can be terminated in his absense.