Legal Question in Family Law in Texas
SAPCR filed in TX, can't locate mother to serve (moved out of state)
The mother of my 2 yr old son stole my child and took him out of state (we were never married, and no court orders regarding custody as of today). I immediately filed a Suite Affecting Parent-Child Relationship in TX, and are making attempts to serve the mother out of state. My question is whether or not it's legally possible to proceed with the suit, if there has been due diligence to locate the mother? If not, what other options would I have if she will not give her location and can not be found? I understand that if she is served and doesn't respond in time, I would get temp custody by default, but what if she can't be served...?
1 Answer from Attorneys
Re: SAPCR filed in TX, can't locate mother to serve (moved out of state)
If you are represented by an attorney, it is improper for another attorney to get involved in your case.
If you are not represented by an attorney, I recommend you do so immediately, as you are in very complicated legal territory.
There are alternatives to personal service if you can demonstrate due diligence in attempting to locate her. Practically speaking, however, the judgment doesn't help you much if you cannot locate your child. You really need to get her served, and with a capias to return the child. If you serve her by publication, and then locate the child immediately afterward, the court will be suspicious of the diligence, and it could mean alot of wasted time and money.
You really need a lawyer, and a process server that doubles as a private investigator.
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