If in a petition for divorce and a spouse has been absent or cannot be located, the court where the petition was filed may issue an authority to service by publication. But when there is a petition for custody that has been filed, and the whereabouts of the parent or person who has the child is unknown, the District Attorney, with the assistance of Law Enforcement Agencies, shall take all the necessary actions to locate the party and the child and to ensure compliance with the court order to appear at the hearing for the custody.
It is the duty of the state to make sure that the welfare of the child is the foremost consideration, and the determination of how and to whom the custody will be granted will be decided based on what the court knows is for the child’s best interest. Divorce can be a complex process, and more often than not, it has the most impact on the child or children of the divorcing parents. Working with a lawyer who is very experienced in divorce and family law could minimize the trouble and additional pain that the whole process could bring to everyone concerned.