Custody when the other parent isn't there

Hello, how are you? I have a question . If my sister wanted to apply for full custody of her son how exactly would it work if she’s not at all able to locate her daughters father? 4 years ago on the day before she went into labor he totally disappeared. Til this day he hasn’t comeback, hasn’t called, nor attempted to. She’s the only parent on my nephews birth certificate. That’s because the day she gave birth he was nowhere to be found. No man has ever taken my niece to a doctors visit, school, or not even a play. Other than myself she doesn’t know any man to call her father. My sister wants full legal custody of her son just Incase. Is this possible for her to do or does she need to find him and try to get him to come to court?

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Your sister should initiate a termination of parental rights action against the father rather than a custody action. He would still have to be served with the action, but if he cannot be located with due diligence, then he can be served by publication in the city/county of which he last resided.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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