Legal Question in Family Law in California

custody

i had a restraining order/custody order 6 yrs ago. the court sent me a letter saying that my case was going to be dismissed if i didn't show up to court on 8/27/08. unfortunately the letter was rerouted from my old address and i didn't receive it until 8/28/08 so my case was dismissed. i still have an open child support case. i went to the court and got all the forms to re-file for custody, filled them out and when i tried to turn them in, i was told that i needed to serve my daughter's father with the papers before they could go any further. the problem is i don't know where he is. i haven't spoken to him in over a year, child support has been looking for him because of the existing order i have, and he is also absconding from parole. i did a people search on the computer for him and i only have 2 old addresses for him but i know he doesn't live at either one anymore. i want to ask for legal and physical custody with no visitation because i don't want him in my daughter's life. he is a drug addict, he's violent, and has been in and out of prison for the past 7 yrs. i don't know what to do about filing my case because i have no way of serving the papers. help!


Asked on 9/13/08, 7:46 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: custody

You have to file a motion that will allow you to serve him by publication. Then you will have to get a default. Once you have a default, you do not have to serve him any more.

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Answered on 9/13/08, 10:22 pm


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