Legal Question in Family Law in California

child custody and visitation

trying to serve ex husb with papers to modify visitation and custody. so far where I thought he worked and where I told them to serve him,,, they are either covering for him or he doesnt work there and did not tell me. if he is avoiding being served or doesnt get served what happens with the mediation and/ or court date? what do I do next. btw I now live in az and he and the kids live in el cajon.


Asked on 3/11/09, 10:15 pm

2 Answers from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: child custody and visitation

If you are trying to "modify" that means there are already court orders that he has been served with. If he has already been served in the case, you don't have to personally serve, you can mail serve at whatever address he has listed as his last address in the court papers. The judge can, however, decide that if he/she is not satisfied actual notice has been given by the mailing to make that you need to go through additional effort to establish a valid address for service.

If you live in AZ and he and the kids are in El Cajon and you haven't verified an address, I assume you haven't had much time with the kids in a while. What are you trying to accomplish in your modification?

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Answered on 3/12/09, 12:49 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: child custody and visitation

Don't you have your kids address? This is a serious matter and should be brought before the court. Contact me directly.

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Answered on 3/12/09, 5:30 pm


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