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  1. #1

    Default Last name change for minor son in Cali

    I have filed papers to change my 17 yr old son's last name to my husband's, who has raised him since he was a baby. They tell me by law I have to serve the biological father. HUGE PROBLEM. I have no idea where he is. I have not seen him in 17 years. I have looked for him at his last known address with no luck. Does anyone have any ideas what should be done next? I have to show proof of service on my court date April 2nd.

  2. #2

    Default Serving a Missing Parent

    According to CA state Law you must serve the parent in a minor name change case and place an ad in the paper about the name change. Unfortunately I cannot find the other parent. What do I do now?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Serving a Missing Parent

    If your process server cannot locate the other parent for regular service, petition the court to allow substituted service.

  4. #4

    Default Re: Serving a Missing Parent

    What is a substitute service?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Serving a Missing Parent

    Service the court approves as an alternative to personal service, which the court deems sufficient to provide the missing person with notice of the legal proceeding.

  6. #6

    Default Re: Serving a Missing Parent

    Would that involve serving another responsible individual such as cohabiting adults or an employer? Problem is the last valid address i have for him is no longer valid. he does not work. the county child support division can't find him. I have not seen him in 17 years. I don't know who is family is or any friends.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Serving a Missing Parent

    It would involve whatever the court deems reasonable.

    If there is no rush, your son can bring his own petition as soon as he turns 18.

  8. #8

    Default Re: Serving a Missing Parent

    But I have already paid for his petition now. And he would like to have it changed before he goes into the Navy in July.

  9. #9

    Default Re: Serving a Missing Parent

    Conclusion to this story: With the help of Legal Aid, I did a Diligent Search thru agencies because I did not know any of his family or friends. When I went back to Legal Aid they typed up a Declaration of Diligent Search which I had to file with the Court for my hearing. This Declaration of Diligent Search is in place of a Proof of Service. Thanks!

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