Legal Question in Family Law in California
The situation is, in the state of California, county of Sacramento, two unmarried parents are petitioning for custody and the custodial parent is unable to serve the non custodial due to the fact the his mother answers the door and says he is not home (when he actually is) How do we get him served if he will not answer the door for anyone?
2 Answers from Attorneys
I don't know the exact details on how to do this, because I always hire OneLegal to do my process serving, but if you make a certain number of attempts at his known residence address, and can't find him, you can leave a copy with any other person over 18 who answers the door there. You then mail a copy to the same address. You then file a declaration of diligence along with the declaration of service by substitution. Considering OneLegal and their competetors will do this for your at rates starting around $60, however, and considering how it will delay things if you don't do it right, I say hire the pro's.
It's called substituted service. It requires a declaration of diligence, at least three attempts, and leaving the papers with someone over the age of 18 (Mom counts) who has control of the residence, followed by mailing copies of the summons and petition.