Divorce and Custody Question

[tiaaalexander]

My brother has filed for a divorce and is requesting custody of his 2 year old son. The wife was served with the papers but trashed them. We filed a temporary restraining order so she wouldn't be able to pick the child up from my brother. When the officer tried to serve her with the restraining order he was informed she had since moved from that address. My question is, what happens from this point? What if she's not found and can't be served? What happens in regards to the divorce and custody case?

 

[Duranie]

First of all, you cannot file a RO, that is up to your brother and he can only file an RO if this woman has threatened him or the child. RO's are not given just because you do not want her to see the child. Until a court says otherwise, she has rights to the child and so does the father. I am confused on how this RO got granted.

He needs to make an attempt to locate her and serve her.

Does he have an attorney? He is going to have to prove he has made an attempt to locate her, via P.I, newspaper ad, etc..

Sorry but your brother needs an attorney ASAP.