Legal Question in Family Law in Maryland
Child Custody
I have not been able to serve my childs father. My case has now been dismissed. His license is listed at one of his parents house and that is the only address I have. He refuses to give me an updated address knowing I want to serve him and now has not seen his son in 1 year because he doesn't want to be served. Is there a way that I could request Sole physical/legal custody and/or file for abandonment and take away his rights?
2 Answers from Attorneys
Re: Child Custody
You can file for sole custody, but he would still be entitled to visitation in some form. In addition to his home address, he can be served at his place of employment. Our office employs process servers who personally serve papers and also have the ability to do skip traces to determine additional addresses. If you make reasonable efforts to serve him and he refuses to accept service, you can file a motion for alternate service (by regular mail for example) explaining to the court the efforts you have made to serve him.
Re: Child Custody - Service of Process Not Occurring
You need to establish that all efforts at service of process have failed before you set a motion for grant of an alternative means of service.
Your complaint needs to include much of what you say in your question. Other matters should also be included in your complaint. It is essential that the complaint be legally valid especially where service of process is difficult.
I utilize service processor's who are skilled with serving individuals who are difficult to locate. There efforts are also certified.
Contact me to discuss.