Legal Question in Family Law in California
Serving Custody Modification Docs to Incarcerated Person plus move away
I tried serving modification papers a week after defendent was arrested for drug sales since he planned moving out of state (Kansas - with his mother) with our 3 children) and was denied the ex parte and assigned a mediation date, plus the actual hearing date (2 months later). My documents were stamped ''no immediate emergency''. The proof of service addressed to his address (before arrest) was not filed in time and he moved to Kansas without my approval and with the dissapproval of my children. I have tried getting an address so that I can have him served the mediation + modification docs but have been unsuccessful in finding an address. The address his mother gave me was actually the address of a separate family member. During the last couple of weeks I have spoken to my children only a handful of times :( and he is never there for me to speak with, although I have spoken with him on his cell phone, interestingly enough he has never had them call me from it . I became suspect to the fact that he was actually out there with them ''getting his life together''. I have just discovered he's in custody, gun sales (in California...imagine that) along with his father whom the kids lived with prior to move. Can I serve him in jail?
1 Answer from Attorneys
Re: Serving Custody Modification Docs to Incarcerated Person plus move away
Yes