Canon City, CO asked in Child Custody for Colorado

Q: Can I file for custody without an address?

I don't know where she or my child are living. I do know the county where they are residing. I also know her place of employment. Can I file for custody without and address, and then just have her served while she is at work?

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: You cannot personally serve her (no exceptions because you are a party to the litigation). You will eventually need an address for the mother for the case with rare exceptions. However, the address can be release after a filing. There are special procedures for notice of difficult-to-find parties in certain circumstances, but based on your facts it is unlikely that a court will allow these alternative means of notification.

It is highly advisable that you see if you can find a home address and not provide notice at work. Providing notice at work significantly increases the likelihood of a case moving into high conflict. Scorched earth tactics by one litigant tend to result in the same litigant getting burned too...

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: Yes. As long as you get her served you are fine and it doesn't matter where she is served. You could just put her work address on the petition and case information sheet. Just indicate it's a work address. You should file in the county you know she resides in. Ultimately she will need to disclose her address if she is going to take part in the case.

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