What Happens if a Motiot to Modify Visitation Cannot be Served

[Cali28mom]

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

I would like to move from California to Texas. I have sole legal and physical custody of children with two different fathers. One father has only visits two times a year and needs to pay for a professional monitor (Which he refuses to do...and is not stable or paying child support..) and the other father does not exercise his visitation nor does he contact the child either.

Yesterday I was finally able to get the paperwork filed in order to request changes to visitation, however my question is what happens if the sheriffs can not serve him or he no longer lives at the address I provided?

Also if the court date comes up and he was not served what is the next step?

[jumanji]

You would need to show due diligence in locating him. If unsuccessful, you can ask the judge to allow service by publication.

Be aware that it is likely that you will be responsible for increased costs of visitation based on your move.

[Cali28mom]

If the sherrifs can not locate him and its done by publication, and he does not show up to the mediation date then what happens?

Also if the father is served but does not respond or show up then what happens?

I ask because I believe the father is very unstable and has a drug abuse problem

[PayrolGuy]

If the sherrifs can not locate him and its done by publication, and he does not show up to the mediation date then what happens?

Also if the father is served but does not respond or show up then what happens?

Unless the change you are requesting is just way over the top in the eyes of the judge a default judgment in your favor will be issued.

[LegalWriter]

In order to get permission to serve by publication, you have to show due diligence. You won't get that from the sheriff. They *might* go out to his address twice during the day to serve him. They don't go out of their way and they don't search for the person. The court will require an affidavit showing more than a couple of attempts during the day when most people would be working. If he lives with family, you can try sub-service to them but it's up to the court if that would be considered sufficient....If the court deems him served then if he doesn't show up, you can likely get permission to move with the child as long as you can show that it is in the child's best interests.

[Dogmatique]

In order to get permission to serve by publication, you have to show due diligence. You won't get that from the sheriff. They *might* go out to his address twice during the day to serve him. They don't go out of their way and they don't search for the person. The court will require an affidavit showing more than a couple of attempts during the day when most people would be working. If he lives with family, you can try sub-service to them but it's up to the court if that would be considered sufficient....If the court deems him served then if he doesn't show up, you can likely get permission to move with the child as long as you can show that it is in the child's best interests.

Just a minor clarification, but there is a presumption in favor of relocation in California; in other words, it's not up to Mom to prove that it is in the child's best interests ... rather, it's up to Dad to prove that it's not.

[llworking]

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

I would like to move from California to Texas. I have sole legal and physical custody of children with two different fathers. One father has only visits two times a year and needs to pay for a professional monitor (Which he refuses to do...and is not stable or paying child support..) and the other father does not exercise his visitation nor does he contact the child either.

Yesterday I was finally able to get the paperwork filed in order to request changes to visitation, however my question is what happens if the sheriffs can not serve him or he no longer lives at the address I provided?

Also if the court date comes up and he was not served what is the next step?

Why are you filing for changes in visitation when what you want is to relocate?