Being served child custody papers

[cherrishh323]

What is the name of your state (only U.S. law)? CA

I have been with my boyfriend for 3 years now and the entire time we have been together he has been battling with the mother of his children for visitation. Recently he contacted CPS because his daughter constantly has markings on her face, his sons states that the mother and grandmother hits him and the mother allows a know child molestor to watch her children. The mother of his children already told him that if he filed a CPS investigation against her, she would file for sole custody. He is now concerned and not exactly sure what to do. The reason why he is concerned is because in 2009 he got a DUI and he thinks this will hurt his chances of getting custody or court visitation. My question is, if she does not know his exact address, how is she going to be able to serve him court papers? And if she cannot serve him, does that mean she will automatically win full custody of their children? He moved from Fresno in 2008 because she would show up at his house and cause a scene, so when he moved to Alameda county he did not tell her his exact address. Will this hurt him, when she is trying to file court papers? Also does he physically have to be served or can they leave the papers on the door at his last know address or employer?

Any advice would be great...Thank you!!!!

 

[mistoffolees]

Have him come here and post his own questions. Third parties usually don't have the necessary information.

He needs to call CPS first before playing custody games. The safety of the children MUST BE the primary consideration.

 

[birdbrain53]

I'm in CA and not too far from Alameda County.

As Mistoffolees said, the first thing to do is your boyfriend needs to create his own account here because he knows the situation in more detail. Relaying information through a third party makes it difficult for the senior posters here to help Dad.

Secondly if the children have visible bruises or report being hit, Dad should call CPS.

One of the problems with him being able to see his children might have to do with that "did not tell her his exact address" part. Moms don't usually want their kids to go visit someone, even Dad, if they don't exactly know where visitation will take place.

If she shows up and makes a scene, Dad calls police. If it happens more than twice he goes to court, gets a restraining order and asks to move the exchange place to a public place.

 

[acmb05]

What is the name of your state (only U.S. law)? CA

I have been with my boyfriend for 3 years now and the entire time we have been together he has been battling with the mother of his children for visitation. Recently he contacted CPS because his daughter constantly has markings on her face, his sons states that the mother and grandmother hits him and the mother allows a know child molestor to watch her children. The mother of his children already told him that if he filed a CPS investigation against her, she would file for sole custody. He is now concerned and not exactly sure what to do. The reason why he is concerned is because in 2009 he got a DUI and he thinks this will hurt his chances of getting custody or court visitation. My question is, if she does not know his exact address, how is she going to be able to serve him court papers? And if she cannot serve him, does that mean she will automatically win full custody of their children? He moved from Fresno in 2008 because she would show up at his house and cause a scene, so when he moved to Alameda county he did not tell her his exact address. Will this hurt him, when she is trying to file court papers? Also does he physically have to be served or can they leave the papers on the door at his last know address or employer?

Any advice would be great...Thank you!!!!

Trust me, 5 minutes on the computer and she will have his exact address. If she hires a lawyer for this it will take less time than that to get his address.