Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I am having an issue where my daughter’s father does not have a verified address to serve him for paternity establishment. My daughter is 7-years-old and in August of 2013, my daughter’s father decided, after having another child he was going to deny he was the father of my daughter. He was offered a DNA test when she was 10-months-old and refused it, stating he knew she was his child. I submitted all the information I knew about him in September 2014 to the courts. Every month since I have been checking the status of my case and even though he has had 3 addressees listed under him, because the US Postal service cannot confirm he is actively receiving mail at that address – they are not proceeding with my paternity establishment request. I would greatly appreciate any advice. Another thing I find odd is that he has an open and closed case for paternity establishment for his other child that was born after my daughter. Can’t the courts use that information to track him down? What if he is living with friends and has no address listed? How do they deal with those types of situations? Sincerely desperate,
Under most state laws, individuals can be served in person. If you know his whereabout (example – employer’s address or places he frequently visits) you can have a registered process server serve him with the paternity documents. Does the local court not allow personal service for paternity matters? Consult a family law attorney to find out how to legally get him served. You can also call around town to find an experienced process server.
