Q: Father doesn't want to give address to be served in court, no order in place, lives in AL; Can his rights be terminated?
Father left when mother was pregnant, saw the child few times in person, videochatting sometimes more sometimes less, does not support financially and is not cooperative to establish custody and child support legally. Mother and child live in NJ, he in AL.1. What happens when the address can not be found? 2. What if you serve him in person (for example when he visits) but does not show up to court?
A: In order for a parent's rights to be terminated in a situation such as this, they have to agree AND there has to be a person standing by who will formally adopt the child. It seems like the mother is trying to file an application with the court seeking formal custody and child support but cannot locate a good address to send the paperwork to the father via regular and certified mail. If that is the case, the mother can ask the court to allow her to notify the father in another way, such as publication in the newspaper or even service by email. But, the court has to permit this, otherwise it is not considered proper notice. Formal service of process, by a sheriff or process server, is not required in these types of cases. But, if the mother is able to have him formally served in person, then that will certainly be seen as sufficient by the court. Have the mother see a local attorney to get more guidance. Many offer free consultations and she can get a good plan of action in place.
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