STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF POLK NINTH JUDICIAL DISTRICT
Court File No. 60-FA-25-1611
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND SECOND ORDER
REGARDING SERVICE UPON
TANYA JEAN RIVERA
[Second Order Regarding
Alternate Service]
In re the Custody of
Taquira Marie Rivera-Wade,
Jaylah Lee Rivera-Wade and
Reggie Santos Rivera-Wade,
Minor Children;
Amanda Lee Stave and
Manuel Daniel Castro,
Petitioners,
and
Tanya Jean Rivera and
Christopher Darnell Wade,
Respondents.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
The following items were filed with the Court Administrator on October 17, 2025: (1) Petition to Establish Third Party Custody [Index No. 1]; and, (2) Summons for Third Party Custody [Index No. 2].
The Petitioners have been able to effect personal service upon Second Respondent Christopher Darnell Wade. See: Affidavit of Personal Service filed on December 5, 2025 [Index No. 15].
The Petitioners have not yet been able to effect service upon First Respondent Tanya Jean Rivera. See: Application for an Order for Service by Alternate Means [Index No. 17].
The Court, acting through Jeffrey S. Remick, Judge of District Court, had previously reviewed and considered the matter. See: Findings of Fact, Conclusions of Law, and Order Regarding Service Upon Tanya Jean Rivera filed on December 10, 2025 [Index No. 20]. In that Order, Judge Remick had directed the Polk County Sheriff’s Office to assist with making personal service upon First Respondent Tanya Jean Rivera. Id.
On December 19, 2025, the Polk County Sheriff’s Office filed an Affidavit of Service – Not Found with the Court Administrator [Index No. 23]. The Affidavit confirms: (A) at least six (6) different Deputies1 had attempted to make service of process between December 11-19, 2025; (B) the ten (10) attempts at service were all unsuccessful; and, (C) the Polk County Sheriff’s Office commented “Was advised by maintenance staff that they no longer reside at residence. Unsure where they moved to. Possibly Oklahoma or Kansas.”
The Court Administrator/Court Administration has again requested Judge Jeffrey S. Remick to review the matter.
Judge Remick first finds and concludes that personal service upon First Respondent Tanya Jean Rivera cannot be effected by local law enforcement and/or any private process server. The Court very much appreciates the efforts of the Polk County Sheriff’s Office. However, it is pointless to continue to attempt personal service locally in Crookston, Polk County, Minnesota. It is clear that First Respondent Tanya Jean Rivera: (A) has left this area; (B) can no longer be found in this area; or (C) is avoiding service of process.
Judge Remick next finds and concludes that the first avenue to further attempt service on First Respondent Tanya Jean Rivera should be as follows: (A) sending a certified copy of the Summons and Petition to the last known residential address of First Respondent Tanya Jean Rivera; and (B) sending a certified copy of the Summons and Petition to the last known work address of First Respondent Tanya Jean Rivera. The Court finds and concludes that there is a reasonable possibility that said mail or information will be forwarded or communicated to the First Respondent.
Judge Remick further finds and concludes that the second avenue to attempt service on Tanya Jean Rivera should be as follows: (A) publishing a Summons for Third Party Custody in the Crookston Watch one (1) time each week for three (3) weeks in accordance with the relevant Minnesota laws. The Court finds and concludes that service by an alternate means –through publication in a legal newspaper—now provides the most likely prospect of serving the First Respondent or providing actual notice to the First Respondent. The Court finds and concludes that the First Respondent is reasonably likely to receive notice of this pending child custody proceeding if publication of the proper Summons is made in the Crookston Watch newspaper; service by publication of a Summons in this newspaper might reasonably succeed in notifying the First Respondent of this pending child custody proceeding. The Court notes that published service through this newspaper is most appropriate, given: (A) the First Respondent’s last known residential address and mailing address in the Crookston community; (B) the First Respondent’s last known employment/employer in the Crookston community; (C) the Respondent’s other numerous connections with family, friends and other associates in the Crookston community; (D) the Respondent’s other numerous connections with the courts, law enforcement and governmental authorities in the Crookston community and in Polk County; and, (E) the Crookston Watch newspaper’s circulation and readership in Crookston and the other communities in Polk County.
1 The relevant Polk County Sheriff’s Office Deputies who attempted service were: Titan Engen [4x]; Alyssa Lang [2x]; Thomas Hibma [1x]; Brittney Neil [1x]; Matthew Erlandson [1x]; and Justin Schreier [1x].
The Court, acting through Judge Remick, finds and concludes that service upon First Respondent Tanya Jean Rivera is most likely to be effected by pursuing the course of action set forth in the following Order, which directs both service by mail and service by publication. The Court, acting through Judge Remick, finds and concludes that First Respondent Tanya Jean Rivera is most likely to receive notice through these methods. Service by both mail and publication might reasonably succeed in notifying the First Respondent of this child custody proceeding. There is a reasonable possibility that mail or information will be forwarded or communicated to the Respondent. There is a reasonable possibility that publication will succeed in notifying the First Respondent of this proceeding; if the First Respondent is not notified directly, it is hoped that a relative or friend with knowledge of her whereabouts might learn of the proceeding and then advise her of the pending child custody proceeding.
The Court finds and concludes that the course of action set forth in the following Order is consistent with the provisions of Minnesota law for alternate service, including, but not limited to: Minnesota Statutes, Section 257C.03, Subd. 1(b); Minnesota Statutes, Section 518.11(c); the Minnesota Rules of Civil Procedure; and, the Minnesota General Rules of Practice for the District Courts.
SECOND ORDER REGARDING SERVICE UPON TANYA JEAN RIVERA
IT IS ORDERED:
1. The Court Administrator shall forward one (1) certified copy of the following items to Tanya Jean Rivera via United States Postal Service, First Class Mail – Return Service Requested/Forwarding Address Requested:
(1) Petition to Establish Third Party Custody [Index No. 1]; and,
(2) Summons for Third Party Custody [Index No. 2].
The mailing address for Tanya Jean Rivera that should be used by the Court Administrator is:
Tanya Jean Rivera
1500 North Broadway
Apartment No. W-109
Crookston, MN 56716
2. The Court Administrator shall forward one (1) certified copy of the following items to Tanya Jean Rivera via United States Postal Service, First Class Mail – Return Service Requested/Forwarding Address Requested:
(1) Petition to Establish Third Party Custody [Index No. 1]; and,
(2) Summons for Third Party Custody [Index No. 2].
The mailing address for Tanya Jean Rivera that should be used by the Court Administrator is:
Tanya Jean Rivera, Employee
McDonald’s – Crookston Branch
1811 University Avenue
Crookston, MN 56716
3. The Court Administrator shall coordinate service and publication of the Summons in the Crookston Watch newspaper.
The Court, acting through Judge Jeffrey S. Remick, has provided the Court Administrator with a separate written Summons form to utilize for publication in the newspaper.
Service shall be by publication of said Summons one (1) time each week for three (3) consecutive weeks in the Crookston Watch as provided under the relevant Minnesota laws.
The contact information for the Crookston Watch is as follows:
Crookston Watch
Legal Notices: Attention Shelly Lene
slene@trftimes.com
324 Main Avenue North
P.O. Box 100
Thief River Falls, MN 56701
Telephone: (218) 681-4450
Fax: (218) 681-4455
www.trftimes.com
Given the Orders Granting Fee Waiver Request issued on October 18, 2025, by the Honorable Anne M. Rasmusson, Judge of District Court [Index Nos. 11 and 12], the cost of publication in the Crookston Watch shall be borne and paid by the Minnesota Judicial Branch.
4. The Court Administrator shall file this Order.
5. The Court Administrator shall distribute a copy of this Order to:
Amanda Lee Stave, First Petitioner; and,
Manuel Daniel Castro, Second Petitioner.
LET THE ACTION SET FORTH IN PARAGRAPHS 1, 2 & 3 OF THE ORDER BE EFFECTED.
LET THE ORDER BE FILED AND DISTRIBUTED AS DIRECTED.
Dated: February 13, 2026
/s/ Jeffrey S. Remick,
Judge of District Court