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  1. #1
    Join Date
    Feb 2005

    Default Mother left the state with our son, avoided me for 2 weeks.

    There is no custody order, I signed the ROP at birth, I am currently paying child support, (there is an order) we were never married. State: Minnesota

    She left against my wishes, I told her I am going to contest the move in court, she took our son, and hid until her flight. Kept our son out of school for almost 2 weeks while avoiding me. I was trying to have her served so I could file a motion for custody. I looked for her everywhere, her home, her parents home, friends etc. I even hired the Sheriffs to serve the court papers no luck. Now she is gone in Arizona, I feel like I have been done wrong, in some catch 22 type deal.

    I have had my son every Fri,Sat, Sun since birth (8 years) she even kept him from me for those last 2 weeks, I didn't even get to say goodbye on his flight. I am told I can still serve her in AZ, due to residency rules.

    Will the judge look at all this and frown upon her deviance. She is also currently under probation for 2 years here as well, for dui.

  2. #2
    Join Date
    Sep 2004

    Default Secret Flight With Child

    The judge is likely to frown on her leaving with the child, although it is less harmful to her if there was no prior court order either commemorating your parenting time or requiring that she obtain court permission to move. At the same time her conduct breaks a very long-standing parenting time arrangement, and evidences a desire to interrupt the relationship between the child and the non-custodial parent, and a judge would be justified in weighing those actions against her under any circumstance.

    However, if she was on probation, she would also be required to get her probation officer's permission to move, and depending upon the officer's practice possibly also to transfer her probation to the new state. (There's a possibility that she is on a nonreporting form of probation, or is permitted to report by phone or mail.) If she has violated probation, that's also something likely to interest a court entertaining a custody petition.

  3. #3
    Join Date
    Feb 2005

    Default Update to this case

    The mother of our child and my son are now living in Arizona. She sent me a notarized letter stating an email address, phone number (cell phone), and address where they will be. Immediately I hired a process service company there and sent him motions and affidavits to establish custody. He went to the address, but it was the address to a large condo complex. I then called her and asked what the unit number was, she gave me that. The process server went there, a man answered the door, said he has "partied with her" but that she does not live here.

    In a brief conversation with our son, he said that he is living with Mom's sister.

    I have done some research into Minnesota statutes, there is an application for alternate service i.e. Publication for child support and dissolution of marriage, but I do not see anything for a new custody case. Does anyone know if I can request that. She is not giving me an accurate address to serve her.

  4. #4
    Join Date
    Mar 2005

    Default Service Problems

    It looks like Minnesota's Rules of Civil Procedure may help:
    Quote Quoting Minn R Civ P 4.04
    a) Service by Publications. Service by publication shall be sufficient to confer jurisdiction:

    (1) When the defendant is a resident individual domiciliary having departed from the state with intent to defraud creditors, or to avoid service, or remains concealed therein with the like intent;

    (2) When the plaintiff has acquired a lien upon property or credits within the state by attachment or garnishment, and

    (A) The defendant is a resident individual who has departed from the state, or cannot be found therein, or

    (B) The defendant is a nonresident individual or a foreign corporation, partnership or association;
    Additionally, you previously indicated that she is on probation. Her probation officer should have a current address for her. (If not, she's probably in violation.)

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