Results 1 to 7 of 7
  1. #1
    Join Date
    May 2018
    Posts
    4

    Question What Happens if a Motiot to Modify Visitation Cannot be Served

    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?

  2. #2
    Join Date
    Jun 2010
    Posts
    641

    Default Re: Want to Move from California to Texas

    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.

  3. #3
    Join Date
    May 2018
    Posts
    4

    Default Re: Want to Move from California to Texas

    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

  4. #4
    Join Date
    Oct 2016
    Posts
    3,229

    Default Re: Want to Move from California to Texas

    Quote Quoting Cali28mom
    View Post
    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.

  5. #5
    Join Date
    Jun 2017
    Location
    California
    Posts
    419

    Default Re: Want to Move from California to Texas

    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.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Want to Move from California to Texas

    Quote Quoting LegalWriter
    View Post
    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.

  7. #7
    Join Date
    Oct 2006
    Posts
    15,616

    Default Re: Want to Move from California to Texas

    Quote Quoting Cali28mom
    View Post
    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?

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: When Can You Modify Visitation
    By gavinsmom1984 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 04-11-2016, 06:39 AM
  2. Custody and Visitation Issues: How to Modify Visitation in an Emergency
    By tdcorona09 in forum Child Custody, Support and Visitation
    Replies: 23
    Last Post: 04-30-2014, 12:38 PM
  3. Modification of Custody: What Happens on a Pro Se Motion to Modify Visitation
    By whhoknu in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 05-26-2012, 10:04 AM
  4. Modification of Custody: Motion to Modify Visitation
    By g1nababy in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 10-03-2007, 01:31 PM
  5. Modification of Custody: Petition to Modify Visitation
    By beeboah in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 09-06-2005, 10:56 PM
 
 
Sponsored Links

Legal Help, Information and Resources