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  1. #1
    Join Date
    Apr 2011
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    9

    Default How to Serve a Custodial Parent Who Fled the State, Now Located in Another State

    My question involves a child custody case from the State of: Alabama

    Three months ago, my son's mother disappeared with our child. I've been granted a hearing asking the court to find the other parent in contempt of court. A Motion to Serve Process by Publication. A contempt hearing is 2 months away, and I should be an emotional basketcase by then.
    My question is:

    1 If I locate the mother in the mean time, should I attempt to have her served. My attorney said he will ask the judge for an emergency hearing if she can be found. I may only have one chance to serve her, and then she may flee again. I've spent a lot of time and money searching for them.

    2 Can an Alabama judge give me temporary custody ensuring the mother will return for the hearing once served?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Serve a Custodial Parent Who Fled the State, Now Located in Another State

    If you can effect in-person service on her, that could be helpful. Talk to your lawyer about what you know of her location and whether you (or he) should be retaining a process server.

    As I'm sure your lawyer has told you, the court can award you custody. If she has the child, though, and is on the run, you will still need to locate the child in order to take custody.

  3. #3
    Join Date
    Apr 2011
    Posts
    9

    Default Re: How to Serve a Custodial Parent Who Fled the State, Now Located in Another State

    Can the judge award custody to me, so that when she is found I can have her served and take custody of my child? This way she won't be able to slip away with our son, again.

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