Ex has witheld child for the past 6 months, despite me begging to see my child and I still provide clothes, shoes, toys and books. She finally responded and said we have to get a divorce before I can see him. But she wanted me to agree to all of her terms and not go in front of a judge. I didnt agree with her terms. She wanted me to only have supervised and limited visitation. I dont have a record or anything. She stated that I could see him once the court process is over and we get a divorce, but I filed for a divorce and she has been avoiding every attempt to be served. She wont give me an address to serve her either. She told me that se didnt have to respond to a summons or give me the address to serve her.....so im guessing she doesnt want me to see my child period. Or unless I get back with her. I just want a divorce and my child. What will her actions say to the judge?
It is unfortunate that she is doing this, but the case does not start until the other person is served. Unless you have process server affidavits that she is avoiding service, this issue may just tell the judge that you didn't have her address. Your best bet is to either hire a private investigator to do a skip trace on her, or send a request to the FL DMV indicating that you are attempting service on her so they can send you the address on her driver's license.
Don't you have a lawyer for this case? If you don't you should now appreciate why you should.
Your lawyer can cut through this and get it done and all this blackmail will go away.
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It sounds as if you're about to get involved in a fairly contested divorce. It would be a very good idea to hire an attorney to assist you to ensure you are provided with fair time with your child. Prior to effecting service it may also be a good idea to include a motion for temporary support - this could provide you with time-sharing during the pendency of the litigation so you will not have to wait until the divorce is finalized to see your child.
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The Petition for Divorce must be served upon your wife in order to proceed with the divorce and child custody issues. It may be served at her home, work, or any other place that she can be located. How have you been providing the child with clothes, shoes, toys, and books without knowing her whereabouts? I would highly recommend hiring a local family law attorney to assist you not only with the service issue, but with the pendency of the case, as it appears you have a battle on your hands. There are a number of us attorneys in the Jacksonville area that can help you. Good luck!
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