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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I am attempting to relocate two minor children in my guardianship

Customer Question

I am attempting to relocate two minor children in my guardianship outside the state of California. What are the rules regarding serving the birth parents and providing notice? Is last known address sufficient? What if there is no last known address? Can the service be mailed or must it be personal?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard1 - The last know address is sufficient. If it is returned no delivery, then you can file an Affidavit to have the court allow you to serve via publication as a Legal Notice in your local newspaper. But you need to try to make the service before you can do that.2 - The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion. If the papers are personally given to the opposing side it is called personal service.Personal service can only be carried out by an adult who is at least 18 years old AND who is NOT a party to the case. That means that the person is neither a plaintiff nor a defendant in the case. The person who personally serves the papers must sign a proof of service. The sheriff’s department or a licensed process server can also serve legal papers. They normally charge a fee for their service.
Expert:  Samuel II replied 2 years ago.
Please NOTE that I can only provide informational answers to what you ask Therefore, if you have other questions or need clarification in this regard, please let me know. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time and information. Thank you