Legal Question in Family Law in California

Custody, no contact from Father.

I have been divorced now for 8 years. I have full custody of my three kids. The father has not tried to make contact with them now for 7 years. I would like to have the kids passports renewed but in the court order, I must notify the father if I decide to take them out of California or the Country. I do not what to have to do this. He has not call the kids or paid any child support for the past 8 years. Is there a way I can have the court order changed and to have him listed as a father that has abandoned his kids? So no longer need to notify him of any changes. I do not know where he lives; all I know is he no longer lives here in the United States. He is somewhere in Central America. What can I do if anything?


Asked on 10/05/04, 1:37 pm

3 Answers from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: Custody, no contact from Father.

There is absolutely something you can do. File an Order To Show Cause for sole legal and physical custody. It is very likely that you will be successful. If you don't know where the father is, you can seek the court's permission to serve hm by publication.

If you can afford an attorney, I believe the matter would be resolved very quickly.

Regards,

Damian Nolan

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Answered on 10/06/04, 10:01 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Custody, no contact from Father.

YOU SHOULD MODIFY YOUR COURT ORDER FOR YOU TO HAVE SOLE LEGAL CUSTODY. YOU WILL NEED TO GET SOME TYPE OF LEGAL SUBSTITUTED SERVICE ON FATHER, BUT WILL NOT NEED TO KNOW HIS EXACT RESIDENCE IF THAT CANNOT BE FOUND. TALK TO AN ATTORNEY ABOUT GETTING THE MOTION FILED AND FATHER "LEGALLY" SERVED. GOOD LUCK, PAT MCCRARY

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Answered on 10/06/04, 9:33 am
Donald Holben Donald R. Holben & Associates, APC

Re: Custody, no contact from Father.

I do not believe it would be a bad idea to get the court's blessing on this. An ex-parte appearance may be fine and if you cannot contact the father for notice, you can indicate this in a declaration that you attempted to abide by the rule giving notice prior to meeting in court.

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Answered on 10/06/04, 11:38 am


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