helppppppppppppppppppppppppppp

[lucyriv]

my daughters father who has never been part of childs life, not on birth certificate and never established paternity is now taking me to court for joint custody and visitation in Mass. I have been a NY resident for a year now. Per UCCJ act, Mass should have no jurisdiction over this matter since my daughter has been a NY resident for a year now. My attorney in NY sent in paperwork stating that to mass courts. Where I thought the case in Mass is going to be dismissed, why hasn't it? Why is there a continuance placed on the case? I have not received any letters or paperwork from court yet (not sure if i will) regarding wat happened on the court date in Mass. Obviously I did not go thinking that after my NY attorney sent in the forms stating I do not live in Mass, I did not have to go. Why the continuance?

 

[jharris352]

Don't panic. There was a continuance because someone asked for one. They may try to make an argument to keep the case there but I don't see any legal theory to do so. He will have to come to Mass to get what he wants. He will however, if he is the father, get visitation and child support. I think "joint custody" is quite a stretch but visitation and child support is almost guaranteed if he is not legally unfit.

 

[lucyriv]

thank you for your reply....i guess there is a subpoena out for me...amazing...and i dont even live in that state!!!!

 

[jharris352]

Having a subpoena out for you makes no sense. There should be a Summons out for you and until it is served there is no case.

 

[lucyriv]

wats the difference? sorry the legal terminology is french to me. i did have a court date last week however i did not go since i do not live in mass. i sent in paperwork (per my attorney's instructions) stating mass has no jurisdiction and that i have been a ny resident for over a year...i also talked to a clerk in the court right after i sent in my paperwork and he ok'ed everything in terms of the right forms being sent....now i guess wat happened at the court on the date i didnt show up is....upon judge telling dad i don;t reside there, dad didnt believe it (he has been absent for years thus doesnt know anything about me anymore) and asked for subpoena

 

[jharris352]

When someone files a Complaint or an action (like he did), there is a Summons by the court that is issued to the opposing party that Orders them to Answer the Complaint in a certain number of days and to appear before a judge at a certain time and place to have a trial on the issues. That is a summons. That summons has to be served on you personally by either a peace officer or another officer of the court like a process server. Once served, if you are under the jurisdiction of the court you must appear.

A Subpoena is when you bring a NON-party to the court. The only reason I can see for a subpoena is that he wants to question your residency. However, a subpoena must also be personally served by an officer of the court.

Ask your attorney what to do and follow his/her advice. You are ok.

 

[lucyriv]

ok...i definitely have a subpoena out...but i was also told since i dont live in mass....even if i get served in ny, i dont have to honor it...this was told to me by my attorney in ny and also a clerk of the court in mass...