Legal Question in Family Law in California
Serving your spouse
How do I go about serving my spouse with child custody papers (and divorce papers, for that matter) when I can't find him. I have no idea where he is living or what his phone number is. He has made no attempt to contact us and basically just dissappeared. He isn't working and doesn't have a vehicle. I need to go to court as soon as possible because he is an addict and I need to make sure he cannot take my kids and that I have sole physical and legal custody of them. Thanks.
2 Answers from Attorneys
Re: Serving your spouse
DISCLAIMER: This reply does not constitute legal advice. You should immediately contact the Law Office of A. Russell Martin (415/364-1604) (hereinafter �Attorney�) or another lawyer to fully protect your legal rights. Attorney cannot render a considered legal opinion based on the limited information provided. Consequently, you cannot rely on the statements contained herein. Moreover, Attorney cannot guarantee a particular result for your case. This reply does not constitute an offer for professional services and no professional relationship exists until Attorney and all prospective clients execute a separate written fee contract according to subsequently negotiated terms. Please be further advised that all potential claims will be lost forever if they are not filed with the court in time, so you must contact a lawyer immediately.
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Hi,
You can seek an order to publish notice if it is otherwise impossible to serve papers on your spouse. Call me if you want help.
God Bless,
Russ Martin
(415)364-1604
Reply: Serving your spouse
In a general sense, your option is to serve your spouse by publication in a newspaper. You may need the assistance of an attorney or experienced paralegal assistant with the process.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com