Q: I am at a stand still in my custody and divorce case due to not having an addrress what can i do?
I am trying to finish my divorce and get custody over my daughter as well as my boys but at the courts i am at a stand still because i dont have a address for the mother, when i was allowed to talk and text my daughter she explained she was in a hotel all the time and sometimes in the car. but she was unable to provide an address as to where i could find her. my daughter sent me a message wanting to come live with me and her brothers and her mother also text saying my daughter wants to live with me but once i told her i will not trade one of the boys for my daughter that i can take care of them all and she could visit she cut me off from speaking to my daughter but changing the phone number and right before asked me not to contact my daughter again. i cant go any further in my case based off of her not allowing me knowledge of an address, I had her served at the her grandmothers house but she was not there and refused to take the paperwork and the courts said that s not good enough.
A: Hiring a good process server is a first good step. There needs to be due diligence in trying to serve her. If serving her fails, you may need to explore publishing notice. The judge needs to hear the merits of your case, but service of process is very important. More facts are required to provide a thorough analysis. Consult with a local family lawyer especially since most offer a free initial consultation.
A:
You may need to ask for the court's permission to serve via publication. You can hire an investigator to find the person, too.
See: http://www.aeesq.com/divorce-attorney/child-custody/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
