Understanding the Challenge of Locating Your Ex
How do I find my ex’s address? I need to serve her paternity papers. I’m Tulsa paternity attorney, James Wirth, and that’s the question that we have. It sounds like you need to serve paternity papers for a son you are currently not allowed to see. This situation suggests that there is no existing case, and the involved parties weren’t married. Therefore, no divorce decree exists that would establish custody, visitation, and child support.
It’s important to note that there’s no order already in place that’s being violated. A child has been born, and there has never been a case to determine custody, visitation, and child support. With the parents no longer together, this legal action must be initiated. Therefore, the appropriate step is to file a petition in district court to establish paternity, custody, visitation, and child support.
Methods of Serving Papers in Oklahoma
Filing the petition is just the first step; next, you need to properly serve the papers. In Oklahoma, there are various ways to achieve proper service of process. The primary approach is through personal service with a process server. The process server hands the documents to the individual, signs an affidavit confirming service, which is then filed with the court. The individual served must file a response within 20 days, or they risk a default judgment.
Another option for serving is certified mail with restricted delivery. This method ensures you get a return signature, which is then filed in the same manner as personal service. If these methods fail and you cannot locate your ex, service by publication may be necessary. However, before opting for this, you are required to perform due diligence in locating her.
Performing Due Diligence in Locating Your Ex
The process of due diligence includes searching public records and utilizing skip tracing software. This software can reveal if your ex’s name is associated with any utilities or recorded locations, which may lead to a valid address. Skip trace databases are accessible to lawyers, private investigators, and other professionals who can aid in this process.
If skip tracing does not yield results, further actions are required. Reaching out to friends and family who might know her current location is crucial. Exhausting all possible means is necessary before the court will consider allowing service by publication. If all efforts fail, you can hire professionals such as process servers or private investigators to leverage their tools in locating her.
Proceeding with Service by Publication
If you’ve exhausted all means to locate your ex and still cannot find her, you may proceed with service by publication. This involves signing an affidavit detailing your efforts and requesting the court’s approval for this alternative serving method. Once granted, notice is published in a local legal publication, giving your ex the opportunity to respond.
It’s essential to provide as much notice as possible, regardless of the difficulties in serving her personally. This includes utilizing email addresses or messaging platforms like Facebook, ensuring every available method of contact is attempted. These efforts support your case and indicate to the court your diligence in providing notice.
Take Action with a Strategy Call
Dealing with locating an ex for serving papers can be challenging, but you have options. It is advisable to consult with a Tulsa family law attorney about your specific situation to obtain professional legal advice. To discuss your case privately and confidentially, schedule an initial strategy session by calling (918) 879-1681 or visiting makelaweasy.com.
