Custody by order of publication


#1

Hello. How are you? I am in a situation that is out of my budget. My husband ran off and lives on a big rig truck that he owns. He has completely cut off any contact with our daughter. He works for himself and has a PO Box address. His business is registered to a friend’s house that he rarely checks for mail. Last year I tried to have him served with custody papers through the Police department, but he did not cooperate with them and they could not locate him. It’s time to do an order of publication and I cannot afford an attorney. When I run the ad in the paper do I simple have the notice of action published verbatim, or does the publication have to say something else? Should I run the ad in the county where his business is registered, or the county where his PO Box is at? I have to establish custody before completing an absolute divorce, correct? I feel like a million questions game is coming on. =) Thank you for your time, I greatly appreciate it and have a great day.


#2

To serve via publication you should publish notice in the area where your ex is believed to be located, further the notice should comply substantial with the following form:

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA ____________ COUNTY

In the Court of General Justice, District Court Division

[ Title of Action] To: [ Person to be served]:

Take notice that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief sough is as follows [__________________].

You are required to make a defense to such pleading not later than [ _________] , and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This the ____ day of ________ 2009,

                                                               Plaintiff name , address and signature.

You need not establish custody prior to divorce.