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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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My questions is that my son father and I had a

Resolved Question:

My questions is that my son father and I had a custody arrangement made over five years ago stating that he would have custody of our son and I would have custody of our daughter, I would get a week with them and he would get a week with them. This order was alright for a while but then he was abusive to me when I would go to get my children for my visits, so I to make a long story short we where suppose to go back to court and revise the order.This was in July 2002 and I went to court and he did not show, so the court told me to file a complaint that he was in violation of the court order. So I did this like 4-5 times over a two year period and would go to court and the judge would never even her my case because my sons father had never been served. I did not have money to hire a private investigator or lawyer to help me. After four years of not seeing my sons aunt got her brother to call me and after several lies he me that my son was in Mexico. What are my options to get him back .
Submitted: 9 years ago.
Category: Family Law
Expert:  dkennedy replied 9 years ago.


You made your mistake by not having the father served. If you cannot locate the guy when you want to serve him papers, then you have to publish a legal notice in the paper as noted in the North Carolina Rules of Civil Procedure. Look under, "When process returned unexecuted", below. I put all the rules here for your information. Your only problem was apparently proper service, so now you have the info to proceed. Your notice is put in your local paper. Now, even when you get the publication and he is considered "served", you will still have to go to court. If he does not answer or show up, then you will get custody, and you will have to then find your son. Have your court order with you.

Rule 4. Process.

I hope this helps. I wish you the best of luck.

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