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DV & custody -- (the father is homeless...)

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  • DV & custody -- (the father is homeless...)

    I filed for a DV restraining order and custody and child support 3 weeks ago. The father is homeless and found out about me filing and wont come around to get served. What is most likely to happen in court monday since he wasn't served ? Im scared the judge will dismiss the restraining order and custody request.

  • #2
    re: DV & custody -- (the father is homeless...)

    He does drugs and drinks alot and is not safe to be around my son. The judge ordered that there be no contact or visitation to dad at all until hearing based on my allegations.

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    • #3
      Re: DV & custody -- (the father is homeless...)

      I wish to inform you that if you are unable to serve the other party at that party's last known address then you may request the Court to serve by alternative methods of service.

      AFF

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      • #4
        Originally posted by AFFA View Post
        I wish to inform you that if you are unable to serve the other party at that party's last known address then you may request the Court to serve by alternative methods of service.

        AFF

        I requested for a sheriff to serve him. But he does not have an address at all. So, i requested that if he shows up to my home that i can call a sheriff and they will serve him. Well, he has not shown up and nobody knows where he is. So im at a loss. I just do not want the restraining order dismissed or the custody request dismissed due to that everytime he shows up its bad. He gets violent towards me and tries to take our son from me.

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        • #5
          Re: DV & custody -- (the father is homeless...)

          Originally posted by JaxonsMom View Post
          I requested for a sheriff to serve him. But he does not have an address at all. So, i requested that if he shows up to my home that i can call a sheriff and they will serve him. Well, he has not shown up and nobody knows where he is. So im at a loss. I just do not want the restraining order dismissed or the custody request dismissed due to that everytime he shows up its bad. He gets violent towards me and tries to take our son from me.
          The judge can extend the time for him to be served if requested meaning the restraining order remains in effect. That should be asked for.

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          • #6
            Re: DV & custody -- (the father is homeless...)

            If he cannot be personally served, they will eventually choose alternative publication on him. You will have to have concrete evidence that his presence is detrimental to the well-being of your child. The use of drugs is certainly a factor in determining custody and visitation. Therefore, produce evidence relating to his drug or alcohol issues. Hire an attorney to assist you.

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