My sons dad is out of the picture and unreachable. How do I get a court in San Diego to establish custody?

Question

We have a child support order but now we cant find him to serve him with the custody papers. social services doesnt deal with custody issues just support issues so they wont help me track him down. He hasnt seen our son in almost a year. I'm afraid he will come out of the woodwork one day and take my son. HELP!!!

We have a child support order but now we cant find him to serve him with the custody papers. I know what city and state he is currently in but he moves every couple of months, as soon as his wages start getting garnished. Social services doesnt deal with custody issues just support issues so they wont give me his address to have him served. He hasnt seen our son in almost a year. I'm afraid he will come out of the woodwork one day and take my son. HELP!!!

Answer 1

I don't know about Cali but in NY you would go to Social Services and they will proceed to track him down and establish paternity first, at his expense, if they deem him the father, you got him, he will be paying child support under a court order until your son is 18. Good luck.

Answer 2

Ok, thanks for the additional information. You file a motion to revise custody. Tell the Court he has abandoned your son and you'll easily get sole custody. If you can't find him, you can serve him by publication. That's not onerous for your ex, since he could always file in the future to revise custody, also. Get a Court Order for the child support arreages at the same time. IF he has a job, the IRS will garnish his tax returns. Really no idea where he is? Leave the child support collection attempts alone until you have full custody. Don't try to collect it until that's done. Then, all I can think of is a service like peoplefinders.com--I think they charge about $30 dollars. Have you exhausted all avenues? Have you contacted any of his family members who might be sympathic to you? Old friends? Old locations? Remember, though, get sole custody first.

Answer 3

Any court of competent jurisdiction can hear a motion to modify a child custody order.

There are standard forms you can fill out, available at the courthouse or online. You would then go before the judge, and make your case, and the judge will determine if custody changes.