How to Establish Paternity With Unwilling Mother

[misty_eyed]

My husband and I separated for about 8 mo. and for about 3mo he had a relationship w/ another woman who in turn came up pregnant. The other woman is now saying that my husband is the father of the child and he is requesting paternity/custody/support himself, however the woman is saying that she will not allow it and does not want him bringing the child around me and will only accept him signing over his parental rights, however my husband and I don't think that is in the best interest of the child and my husband has not intentions of giving up his parental rights if the child is his. How is he supposed to file paternity documents when he can't serve the woman because he does not know where she is located only where her parents reside and she is not living with the parents. Please help!!

[misty_eyed]

This is in the state of California....

[aaron]

He needs to file a paternity action.

[misty_eyed]

Right, I understand and have already filled it out, however on the action it says that this must be served in person to the other party and I don't see how that is possible when we don't know where she is to serve her. She knows that he is going to file this action because he was up front and told her however, he does not know where she lives to serve her the documents. He is filing the action this week, however without being able to serve her won't the action be null?

[aaron]

He can petition the court for substituted service, but realistically speaking she needs to be located as she has possession of the child. They have no mutual friends? He doesn't know where she works? He doesn't know where she lives, or any of her family members live? Even with a name and recent address, it should be feasible to track her down.

[misty_eyed]

He knows where her mother lives and has that address. The child was just born a couple of weeks ago we believe. The mother has stated that she moved to AZ, but we are not sure if this is even true.