Legal Question in Family Law in Massachusetts

Other parent can not be found...

I attempted to have the father of my daughter served with court papers for contempt on 1/23/08. I have not seen her since the end of October. He has sole custody, but there is an order for visitation. He wanted a cash payment in addition to the support I pay, but i said no. I have used 2 different process servers, a sherrifs department and the local police department to try and get these papers served. The father has managed to avoid all of them once he caught wind that they were looking. It has now been 5 months since I have seen my daughter. Am I able to put notices in the paper announcing my intentions for a modification? I am afraid that the longer this goes on, when we go to court it will seem like I am not trying hard enough to see my daughter, but I am honestly trying to do everything I can. I have even offered him the money he wanted in exchange for visitation again, but he told me I should of done it when he asked. I pay support on time as ordered, in addiotion to what ever else my daughter may need. He was granted custody of her while I was going through depression after her birth, now I am better with the help of therapy. Idealy I would like to share custody now that I am in a better situation. Any advice?


Asked on 4/29/08, 4:26 pm

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Other parent can not be found...

Ask the court for permission to have alternate service: e.g. service by publication.

If you need help, call me.

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Answered on 4/29/08, 5:08 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Other parent can not be found...

Either petition the court for alternate means of service upon your illusive ex husband or consider retaining an attorney to assist you with this.

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Answered on 4/30/08, 8:42 am
Jane McGowan McGowan Legal

Re: Other parent can not be found...

Best advice is to motion the court for permission to have the summons published in a local newspaper, if you have not already done so. If you already have the order to publish, do so and after the alotted time you can then ask for a hearing on the Modification.

Good luck

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Answered on 4/30/08, 10:59 am


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