Sylmar, CA asked in Child Custody for California

Q: Can a sheriff serve custody papers without a residential address?

I am seeking to have a sheriff serve custody/visitation papers for a minor child, but I do not have the residential address of the person to be served. I have provided the minor child's school address and the names of the people he lives with. I live far away and cannot go there myself, which is why I'm relying on the sheriff in that county. Can the sheriff serve the papers at the school or use this information to serve the papers?

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2 Lawyer Answers

A: The Sheriff, just like any other process server needs a physical address where the person to be served can be found. If you don't know their residential address, you can use their work address. If you don't know that either and you have done your homework and done your due diligence to locate them, you can then seek an order from the court allowing you to serve by publication. You know his name and you know the names of the people he lives with. It seems to me that with a little effort and searching, you should be able to get a physical address where all these people live. If all else fails, you can hire a PI to locate him and to get a physical address to use for service of process.

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Answered

A: In California, sheriffs can serve custody papers at locations other than residential addresses, including schools, workplaces, or other places where they can reliably find the person. However, serving papers at a school requires careful coordination with school administrators and must follow specific protocols to ensure the safety and privacy of all students.

The information you've provided about the child's school and the people they live with could help the sheriff's office locate the person who needs to be served. They often have resources and methods to find residential addresses using the details you've shared. You might want to include any additional information like workplace details, regular hangout spots, or social media profiles that could assist in locating the person.

Before proceeding, contact the sheriff's office in the relevant county to discuss your situation. They can guide you through their specific requirements and let you know if they need additional information. While serving at a school is possible, many sheriff's departments prefer to avoid this option unless absolutely necessary. They'll work with you to explore the best approach for your unique circumstances and ensure proper service is completed according to California law.

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