father_of_2
Member
What is the name of your state (only U.S. law)? GA
I have recently filed an order of contempt against the mother of my son for violation of our custody agreement. My previous attempt to serve her for the the initial court order took months as she kept dodging the service. I finally had to hire a process server to serve her. Now I have absolutely no idea where she lives and of course she refuses to tell me. I only have her work address which is where the service is being sent by the sheriff. Her first son's father has already tried to serve her at her workplace and the service came back with "respondent does not work at this address anymore" on the first attempt and "no one here by that name" on the second attempt. I am sure the same result will happen on my service but I know for a fact that she works at this location which has been verified by the corporate office.
So my question is how diligent must this search be to find an address where she can be served before I can file an affidavit to file by publication. I'm guessing it will be at the discretion of the judge or the clerk but what are some reasonable expectations i should have? I suppose I can hire a process server again and perhaps serve her at a meeting place or hire a PI to find out where she lives and then try to serve her but if that all fails can I then try to file by publication? Seeing as I have had to use this tactic before and she will no doubt get tipped off by the sheriff looking for her, trying to hire a process server again may not even work. Anyone have any experience in this matter?
I have recently filed an order of contempt against the mother of my son for violation of our custody agreement. My previous attempt to serve her for the the initial court order took months as she kept dodging the service. I finally had to hire a process server to serve her. Now I have absolutely no idea where she lives and of course she refuses to tell me. I only have her work address which is where the service is being sent by the sheriff. Her first son's father has already tried to serve her at her workplace and the service came back with "respondent does not work at this address anymore" on the first attempt and "no one here by that name" on the second attempt. I am sure the same result will happen on my service but I know for a fact that she works at this location which has been verified by the corporate office.
So my question is how diligent must this search be to find an address where she can be served before I can file an affidavit to file by publication. I'm guessing it will be at the discretion of the judge or the clerk but what are some reasonable expectations i should have? I suppose I can hire a process server again and perhaps serve her at a meeting place or hire a PI to find out where she lives and then try to serve her but if that all fails can I then try to file by publication? Seeing as I have had to use this tactic before and she will no doubt get tipped off by the sheriff looking for her, trying to hire a process server again may not even work. Anyone have any experience in this matter?