Legal Question in Family Law in California

My child's mother has full custody, and i filed papers to modify that which stated neither parent can take the child outside the state of California. After I had her served with paper work she moved to Tennessee and did not show up to mediation or court. The judge rescheduled mediation and court and said the child's mother only has to appear by phone. I lost custody because I was late to court a year ago. Is this fair? Should i get a lawyer? Another thing, the judge said I have to serve her the papers again, but she is in Tennessee and I have no address, and no phone number. How do I find out where she lives if none of her family will tell me?


Asked on 6/10/11, 5:22 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Please meet with an attorney in an office conference to review all the pleadings and court orders so you can fully explore your legal options. Some attorneys have free consultations. You may need to secure the services of a private investigator to help you locate her. If she is hiding the child from you, contact the poilce and report that the mother will not tell you where your child is.

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Answered on 6/10/11, 7:34 pm

It sounds like you must have screwed up serving her the papers the first time, so the order not to leave the state was not in effect on her. Otherwise the court would not have rescheduled and would not have allowed her to appear by phone. Don't screw this up more by trying to do it yourself. Either hire an attorney or drop it, since you clearly are going to keep losing if you keep doing things wrong yourself.

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Answered on 6/11/11, 3:15 pm


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