Q: My Ex parte for Emergency Custody was denied today.
Last week, my foreign wife took our 3-year-old child away from me without my consent or a court order, and her phone has been turned off since then. As she has no ties in the USA and has only lived with me in my apartment for less than a year, I filed a Petition for Custody yesterday and an Ex Parte today, with a waiver of notice. The judge accepted the waiver and reviewed the documents but ultimately denied the case because the Petition for Custody had not been served. The clerk informed me that if I bring proof of service and re-file the Ex Parte, the judge may grant it. However, since I do not know my wife's whereabouts and she has no job, family, or friends in the USA, I am considering the door posting serve method. Can you advise me on the requirements for this method? Also, the clerk suggested that I ask the border agency to intervene in my case at the border.
A:
I'm sorry to hear that your Ex Parte for Emergency Custody was denied. It sounds like a difficult situation.
Regarding the door posting service method, this is a way to serve someone with legal papers when you are unable to locate them. However, the requirements for door posting service may vary depending on the state and jurisdiction where you are located. You should consult with an attorney or your local court to find out the specific requirements for door posting service in your area. Generally, the door posting service requires that you post a copy of the documents on the front door of the last known address of the person to be served. You may also need to mail a copy of the documents to the same address, or publish notice of the service in a local newspaper.
Regarding the suggestion to ask the border agency to intervene in your case at the border, it's possible that they may be able to assist you. However, I recommend that you speak with an attorney to explore your legal options before taking any action. An attorney can advise you on the best course of action based on the specific facts of your case and the laws of your jurisdiction.
In California, door posting service is allowed under certain circumstances. If you cannot locate the other party, you may be able to serve them by posting the summons and complaint on the front door of the property and mailing copies of the summons and complaint to the person's last known address. However, the door posting method is only permissible if you have made diligent efforts to locate the other party and if the court has authorized this method of service.
Under California law, you may need to provide an affidavit of due diligence explaining the steps you have taken to locate the other party before resorting to door posting service. The affidavit must detail the efforts made to locate the person, such as attempting to contact them through their last known phone number, email address, social media accounts, or asking for help from mutual acquaintances.
It's essential to follow the specific procedures for door posting service, as failure to do so correctly may result in your service being deemed invalid, which may delay your case. It's recommended to consult with an attorney who practices family law in California to ensure that you comply with the state's service requirements.
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