Legal Question in Family Law in California

Re: how do i find my ex husband in another state and serve him with custody pape

First off, don't panic -- you will be fine. There are court procedures to deal with this (not uncommon) problem.

If you have made a good faith, but unsuccessful effort to locate your ex-husband, then you will file a declaration stating this fact to the court. Your declaration will also detail efforts you have made to locate your husband. (e.g., attempting service at former adresses, checking the phone books and internet, checking his prison id number if applicable, etc.)

The judge may waive service, or postpone your hearing to allow more time for you to attempt service.

If you would like assistance, please contact me.

Best of luck to you and your children.

Re: how do i find my ex husband in another state and serve him with custody pape

If your court date is in 2 weeks it is unlikely that it will go ahead. However, that does not mean that you have no remedies. The court can continue the hearinfg date to allow you to comply with service requirements. I do not believe the court will alter or modify existing orders without notice to the other party.

It is not that unusual that one party cannot be located for service. You must demonstrate to the court that you have exercised due diligence and seek the court's permission to serve the father by publication. Once that has been done you can proceed with your action.

If you can afford to retain an attorney it would be money well spent.

Regards, Damian Nolan

Re: how do i find my ex husband in another state and serve him with custody pape

You can serve him by publication. If you need orders quickly, you can get temporary custody orders until the time that you have permanent orders. The Facilitators office at the courthouse can help you prepare the papers you need prepared. If they cannot help you then you will need an attorney. Good Luck, Pat McCrary