Legal Question in Family Law in California
I am the custodial parent with 100% custody of one son and 50% custody of the second. The noncustodial parent was ordered to pay support but he does not want to. So, he wants to move back to KY and live. He told our son he would be leaving in a week and he would see him for 1/2 of Christmas break and 1/2 of next summer. However, if he just leaves without saying anything to me and I'm expected to now care for both boys 100% then I want to gain full legal and physical custody. Is this possible? How do I get him served when he doesn't live here? The father is avoiding being served, because I filed contempt charges on him per request of the judge. So, I think this is another reason for him leaving. Where he is going is a very rural town, where he can easily hide from law and work under the table. Any assistance whould be appreciated. Thank you.
1 Answer from Attorneys
It's probably a good idea to file for full custody of the other son since de facto you do have full custody. I would serve him with a registered process server, they are professionals and know how to serve individuals who are avoiding service. Once served you can bring him back to court and have a hearing and court order issue regarding the new custody arrangement.
Please consult a local attorney in your area prior to taking legal action. Good luck.
Law Offices James Chau
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San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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