If you know the person's whereabouts, then you should have them properly served. If you proceed forward with a dissolution of marriage action and do Notice by Publication in the newspaper, you have to fill out an Affidavit of Diligent Search and Inquiry showing the efforts you made to locate the other party and that you were unable to locate them. This document is signed under oath. Thus, if you file a false document, you are committing perjury and a fraud upon the Court and you could possibly face criminal charges. Now, in such a scenario, do I think that the judge would take your child away from you? No. I don't. However, it is always better to take the high road and be honest. Good luck
This response is to an unknown person and is for general information purposes only. Under the terms of AVVO policies, an attorney/client relationship is not formed by the answering of questions posted on a public portal. The attorney answering these questions may or may not have an attorney-client relationship with the opposing party. Other conflicts may exist with the person asking the question. A conflict check must be performed in order for the attorney to determine ifa conflict exists under the Rules Regulating the Florida Bar should the questioner desire to use the attorney's services.
In order to get a default judgment you have to sign a sworn affidavit of diligent search to get constructive service. This means lying to a judge, which usually isn't a good thing. If for some reason you slip through the cracks and get a default, I would say your fears about being seen as a fit parent might be in question in future custody proceedings.
If you know where your spouse is living you need to have him/her properly served. You are swearing under penalty of perjury to the truthfulness of all the allegations in your petition for divorce. You must be truthful. I do agree however with counsel that this in and of itself may not be sufficient grounds to lose custody but it definitely is not going to make a good impression on the judge. If you have any questions on how the process works, contact an experienced family law attorney. Best of Luck!
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline