Can I obtain full custody of my children and child support orders while my ex is on the run and unable to be served? 1 Answers as of July 26, 2017

My kid’s father is on the run with multiple warrants for his arrest for drug trafficking, sales, etc. along with missing his DV sentencing court date. Just recently, the DA charged him with another DV case. I would like to file for full custody of my children. One of which is emotionally disturbed from witnessing so much of his violence but how can I when we can't find him to serve him papers for custody let alone child support. The cops can't even find him to arrest him. If I do file, will the judge grant me full custody? Will I have to allow him visitations? Can I request that they be supervised based upon his choices? What other requests can or should I make to protect my children? Will the judge order child support if he doesn't work (legally)?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
This is particularly difficult in light of the fact if there's no notice given to your ex concerning your request for a change in custody. However, it would be appropriate in your pleadings to ask not to give him notice of an ex parte because he can't be found and is on the run and if he surfaces, you have the opportunity to serve him any pre-granted ex parte orders. This is complicated and requires the assistance of an experienced family law attorney.
Answer Applies to: California
Replied: 7/26/2017
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