The mother of my child contacted me saying she is going to be putting a court date in the newspaper to notify me about when it is. She says if I fail to appear she will be granted full custody. I do not even live in her state to get a news paper. Is it possible for her to do that?
Short Answer: Yes.
Long Answer: When we are unable to provide actual notice to the other party, in certain types of cases, we are able to provide legal notice by publication in the newspaper. In order to do this, the petition must certify that you either live out of state or that she has used due diligence to try to locate you and has not been able to determine your whereabouts. In either event, a copy of the legal pleadings will also be sent to your last known address and posted on the courthouse door, as well as running in a local newspaper once a week for four weeks. Whether you actually receive the notice or not is irrelevant in this type of case, as long as she has followed the proper procedure.
Publication only works in cases where she does not need anything from you. For instance, in this case, I am assuming the kids are with her, so she just wants a court order for custody. She doesn't actually need to retrieve the kids from you. Publication also works in simple divorce cases, where a person is not asking for any support or property from the other party, but just wants a divorce. It would not work if she were asking for money from you, for instance.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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