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Does anyone know anything legally about (Custody Issue)

what to do about custody if a BM can't be served to show up in court?

Answer Question

Asked by Anonymous at 12:42 AM on Apr. 16, 2009 in General Parenting

Answers (11)
  • I am in law...but what is a BM

    Answer by Anonymous at 12:51 AM on Apr. 16, 2009

  • Anon ~ it means Birth Mom.

    OP ~ I believe you'd have to serve public notice. Put an add in the paper, and give her a certain amount of time to respond.

    Answer by desert_diva at 12:57 AM on Apr. 16, 2009

  • Thanks desert diva
    K I need more info if you want help, if you want legal help.
    Have papers been served?

    Answer by Anonymous at 1:02 AM on Apr. 16, 2009

  • No, papers haven't been served , we need to know what to do if we technically can't find her to serve

    Answer by Anonymous at 1:04 AM on Apr. 16, 2009

  • i dunno if its the same where you live, but imfrom canada, and i had nooo idea where my ex was to serve him papers, so i went to court asking for "substitutional service" which means i was able to serve him thru his thats exactly what i did...i went and served his mom..cuz i knew where she was..and then it was her responisbility to tell her son..which she didnt end up when i went to court i got everything i asked for..until like 5 months down the road when he was at his moms house and accidentally found the papers..and then we had to go back to court..but yaa...try looking into geting "substitutional service" good luck

    Answer by alexis_06 at 1:24 AM on Apr. 16, 2009

  • You have no leads....there are websites that people can go and do research on where people live, work and even their last known number.
    You can file papers with the court and they can have a bench warrent issued for her.

    Answer by Anonymous at 1:28 AM on Apr. 16, 2009

  • When I couldn't locate my son's father I had to take out newspaper ads. I went to court, he didn't show up I have sole custody.

    Answer by sammiesmom2000 at 5:40 AM on Apr. 16, 2009

  • You need to talk to a local lawyer.

    To the anon offering legal advice. You can be disbarred if it's discovered what you're doing.

    Answer by Anonymous at 6:13 AM on Apr. 16, 2009

  • In my state, you have to attempt to have the person served at their last known address. If that fails, then the court will tell you to do "constructive service" which is where you take out a newspaper ad in the local paper for 3 weeks. After 3 weeks, if there is no response, there is a hearing date set and you are automatically granted whatever you were asking for. The best way to find out what your area requires is to either speak to a lawyer or call your courthouse and explain the situation. Good luck!

    Answer by tropicalmama at 6:27 AM on Apr. 16, 2009

  • She didnt say she was an attorney, she just said she worked in law. I am assuming in the field of law. That might still not be a good idea. I think that you have to run an ad in the papers for a certain period of time and then if no response, her rights can get terminated. I dont know how hard the process is though.

    Answer by momofsaee at 9:52 AM on Apr. 16, 2009

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