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Court registers out-of-state custody decree after service by publication reported
Summary
Counsel reported registering a California custody decree for two children after personal service attempts failed and notice by publication was published; the judge said registration is governed by statute and additional testimony appeared unnecessary.
An attorney asked the Dixon County court to register a custody decree entered in California so the Tennessee court could recognize jurisdiction and permit parties to obtain a certified copy.
Counsel told the judge that the mother, who relocated with two children, filed a petition to register the foreign custody decree and that process servers repeatedly attempted personal service on the father without success; the lawyer reported service by publication in the Daily Democrat (Woodlawn, California) during February and said no responsive pleading was filed. The attorney said the filing was intended to register the foreign decree, not to modify it, and that the registration would allow counsel to obtain a certified copy from California.
The judge characterized the filing as governed by statute and said the procedure generally requires filing the judgment and serving the opposing party; unless an opposition exists, the judge indicated additional live testimony may not be necessary. The court signed the order to register the decree and indicated counsel may proceed to obtain a certified copy.
