Child Custody and Serving Papers

[granny630]

The continuing qustions in my daughters child custody case. The server has attempted to deliver his papers to him on 12 different occasions (the server provided a list of times and dates to my daughter's lawyer) with no luck. The day my daughter went to court the Judge ordered a "Nail and Mail". What happens with a "Nail and Mail".......I know they put it on the door or whatever, but how do they know if he actualyy retrieves the papers from the door? Does he have to take them off the door or can he refuse the papers. Also, in the papers that are being served on him will it show the address of where my daughter is living??? Hope not, as do to the death threats we don't want him to know where she is right now. Also he claims to have a lawyer now -- if this is true would his lawyer be contacting my daughters lawyer.

WE understand that he has a pretty good criminal record. Is tehre anyway for the lawyer to get a copy of this. We would like it submitted into court. Due to his criminal record and his two death threats, we want to try to get a restraiining order against him or at least SUPERVISIED VISITATION.

thanks for info.

granny630

 

[Duranie]

Has paternity been established on this guy? Did he sign the birth paperwork?

Why is your daughter serving him with anything? If he is a criminal, why is she filing any papers at all?

He will likely be given some sort of visitation if CS is filed. The fact he is a criminal may or may not matter, she apparantly knew about his background and got pregnant by him anyways.

Unless she can prove he is a danger to the child, he may eventually be granted unsupervised visitation. If he does not know the child, he likely will have supoervised visitation anyways but personally unless he is initiating all this court action, I don't know why she wants anything to do with him. If she gets money from him for CS then he will want to see the child.

 

[Duranie]

I read your previous posts. What is she hoping to get out of this man? He does not care and he threatens her. The more court action she takes against him the more it will irritate him. Is all this really worth the piddly amount of child support she MIGHT get, and thats if he even pays it.

If paternity was not established, he has no rights whatsoever. Now that she is initiating court proceedings, he will have his rights eventually after the paperwork states he is the dad. He can sue her for custody and get visitation.

 

[Concerned_Mama]

serving papers..

I have a very similar situation, check my post out on new posts. About the process serving. It is like this, they can try and try to serve that person. But if there is no contact, they can serve you with mail. First class mail. If the mail is marked fist class when the person receives the papers, you have been served. This is called the last attempt, yes that is legal. And you will be considered "Process Served".

 

[granny630]

Child Custody/Visitation

Yes paternity is established. She was given sole custody with no visitation so everything was done. Her and her lawyer did not care if he ever paid support or not. After a month and a half he has now decided to retrieve the papers . He is now taking her to court claiming he was not served his papers in the proper manner. The papers were sent to his "last known address" and he is claiming he moved out two weeks before she moved and moved in with his mother -- which is a total lie
He told my daughter when she first moved that "nobody would ever find him as he was in hiding and they wouldn't be able to serve papers on him". Her lawyer has this documented. Also, when he made the threatening phone call to us and the law was looking for him the trooper called his mother several times and she said she did not know where he was living. I guess she could get caught in a lie too. He is a habitual liar, but he also knows how to get people to fall under his wing. I think he believes half of the lies that he tells. He told her is is going to make it so it ends up costing her thousands of dollars in lawyer fees. He is a very unstable person, especially if he is not taking his bi -polar medicine, so I am hoping he flips in the court room and then he is done for. I don't know if at the court session if any of his bad stuff will be brought up or not, i.e. drug addiction, criminal record, death threats against her family, the Order of Protection, etc.
Maybe they have to have a "hearing" for that kind of stuff. Her lawyer said 99% of the parents get visitation, but because of his instability, drug use, etc he feels it should be "supervied visitation" if there is visitation at all. My feeling is with his court case regarding the death threat still pending the judge should take note of that also but i don't know i am not a lawyer.

I agree "why did she ever go to court in the first place", but I think she was afraid he would go and end up getting "custody" of the baby and that would have been not good. The support she didn't care about, but maybe this is all part of filing for custody. He hasn't given her a cent since she has been gone and I am sure he doesn't intend to, which her lawyer said good. He hopes he doesn't pay anything for a year because then off to jail he will go. But anyway, now it will probably be a constant court battle.

 

[Concerned_Mama]

Sounds Familar..

Man, everytime I read another one of your posts, it hits so hard to home. I feel for your daughter. There is no way he is going to get sole custody. He will be issued supervised visitation. But I doubt, like my case that the man will even show up. He will not want some weird-o watching his time spent with his child. Which again will be benifical to you. It will look like he is not willing to reaquaint hiself with his child. BINGO. I hope this man realizes what a peice he is.