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Maternal gparents served me(parent) court order, while out of town, to the paternal gparents home

Discussion in 'Grandparents Rights' started by busyness, Aug 27, 2018.

  1. busyness

    busyness Law Topic Starter New Member

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    I have been served court order , we had gone out of town and had been out of town when they served the paperwork to my parents house, i dont even live there. I have my own home and mortgage. Its no secret that I have my own home. I am under the impression that these papers have to be served to me or my girlfriend . Why where they left at my parents house? Do I need to go to court ? I currently still am out of town and have read a message left by my sister that i have court later on this week, do i need to cut my trip short to attend court? Did the other party unlawfully serve these papers? How do i respond or what action do i need to take on my behalf to avoid future issues? court is on the August 30th i need to know what to do? The other party is the maternal grandparents who feel like they child would be best with them and well we are the parents who currently have custody have had a bump or two since child was born but are trying to make it work and get our life back on track. We currently are financial stable to maintain for us and the child and have a home and mortgage . They dont like me the father of the child and feel like me and the mother should break up and completely take me out the picture. We have the full support of the paternal grandparents since day 1.

    the child is approximately 13 months at the moment please respond with a answer and a dollar amount I currently am out of town but if needed i can cut my trip short court is in a few days let me know!!!!!!!
     
  2. txls

    txls Well-Known Member

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    If there is a court date you'd best show up unless you have an attorney who can get a postponement. If you don't show up, the other parties get to have their say and you won't be there to counter anything they say.
     
    leslie82 likes this.
  3. mightymoose

    mightymoose Moderator

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    If the court date is this week then you most likely have a case of improper service. Service must typically be made with a minimum of ten days notice if I recall correctly.

    Service at the grandparents residence may be reasonable if you have been difficult to locate or deliberately avoiding service. A copy should also have been mailed to your primary address.

    If you believe service was improper or you were given short notice then you can argue those points and possibly get some extra time to prepare, but it will only delay, not prevent the hearing.

    Regarding the service at the grandparents residence, it is probably ok, but possibly not timely:
    • Upon motion supported by affidavit stating the location of the defendant ’s usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service
    • (1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
    • (2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit.
     
  4. leslie82

    leslie82 Well-Known Member

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    If that is the last known address they knew of yours, then serving you there was fine. You KNOW you have court this week so yes cut your trip short and go to court if you want to keep custody of your child.

    No one can tell you how much a lawyer will cost. You have to go contact one on your own. Many do free consultations. I suggest you start looking up lawyers in your area and calling them but definitely get your ass to court on the 30th.
     
  5. zddoodah

    zddoodah Well-Known Member

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    I hope you don't really expect anyone here to know why this happened.

    You didn't say what the court order is for. Obviously, if you don't like it, you'll have to deal with it in some way, which presumably will involve "go[ing] to court."

    "Need"? That's obviously up to you. Since you didn't bother to tell us anything about what's going on, there's no way for anyone here shed any light on this for you.

    Maybe.

    How do you respond to what?

    I answered your questions as best as possible (although I gave up when you started asking the same questions over and over in different words).

    As for a dollar amount, how about $99.95?
     
  6. busyness

    busyness Law Topic Starter New Member

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    so bottom lines this was ;lawful ..even with lawyer no chance to get this dismissed on grounds of how they served the order


    .with
     
  7. adjusterjack

    adjusterjack Super Moderator

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    It's needed. Cut your trip short and be in court when you are supposed to.
     
  8. mightymoose

    mightymoose Moderator

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    You haven't given enough information for anyone here to determine that. It could have been done properly, and it might not have. The fact that papers were delivered to your grandparents does not automatically make it improper. It depends on circumstances.

    Improper service would only delay the matter a few weeks, it would not make it go away forever unless the other party gives up.
     
    leslie82 likes this.
  9. busyness

    busyness Law Topic Starter New Member

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    failure to show up will end up with court proceed ing
    might not be good for my_For my case but um But at The end of the day What is true is the fact that I don't have a cell phone I am out of town Paperwork was left at my parents house while I was out of town I left Tell me before They served the papers I wasn't really out here for at least a week I have documentations from the hotel where we are staying That stated Stating that we've been out here As well as credit card Documentation And plenty of receipts from local stores Other than Facebook and Google Chrome um this is my only way of communication and My sister sent me this discreet message Let me know what's going on I still have verbally talk to her
    I have it lives at my parents house 2017 maybe April I have had my own residents which includes a mortgage About the last 14 months Hey um Roughly about $1000 every month there is no secret I just wonder why they papers documents that my parents house and not at my houseIf they would ever tempted to do that at my house they would've found nobody there because we are out of town I don't have who makes it all have but nobody there at the house I would've knocked and nobody there I'm trying to relocate in top of that Job interview out here this will probably out this week I'm a few hours out of where my current home is at . so
    Necessary My sister was unable or unsuccessfully Contact me Because of a lack of Internet or whatever maybe lack of the bizer anything anything up the matter And culture komer some kind of situation like that Now You're telling me that The core is able to go ahead and proceed with all of these Proceedings That involves the custody of my child Go ahead and sign off the custody of my child somebody else without even being positively 110% sure that they were able to get in contact with me right now they left it in They left the duty of getting in contact with me to my mother was very an elderly woman And I guess my mother talk to my sister and my sister sent me a message and me being good son that I am I In that position All That would be in the right to go ahead and proceed At the end of the day me and my girlfriend mother of my daughter we have custody of our child We have No enemies so in the position im in, does the court have to be sure that i recieved the order when it involves the notification of the order to me from when the server left the document at my parents home . mother is elderly and dont speak english . i have no cell phone at the moment does any of that factor in down the line if for instance i fail to show to court and they rule in favor of other party and my excuse is i was out of town nobody told me which in all reality is true because i havent seen documents for all i know its hear say
     
  10. KatDini

    KatDini Well-Known Member

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    Nobody here can tell why your girlfriend's parents are doing this, nor explain their thought process.

    The ONLY thing we can tell you is BE IN COURT and HIRE AN ATTORNEY. Anything else is conjecture and guessing. o_O
     
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  11. leslie82

    leslie82 Well-Known Member

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    Do I know for a fact it was lawful? No I'm not a lawyer and you didn't provide enough.

    Bottomline get to court Thursday!!! It doesn't matter at this point - if you don't show up to court your girlfriend's parents could get custody because you aren't there to argue it. SO SHOW UP TO COURT and argue it there.
     
  12. leslie82

    leslie82 Well-Known Member

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    Listen moron - none of that crap matters. You have to go to this court date to argue the service, to argue the custody change, to argue it all!!!

    You know what if you don't care about having custody of your kid, then don't go. Let the grandparents have the kid. That's what happens if you don't show up.

    Showing up to court does NOT start custody proceedings. At all. It gives YOU the chance to FIGHT IT. But if you don't show up then you're telling the judge you and your girlfriend do not care who has custody of your kid. Did she get served too?
     
  13. mightymoose

    mightymoose Moderator

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    All this and still you learned of the court date. Don't try and use it as an excuse for not going. Use it as an excuse to get more time.
    Your best option is to take action at the hearing, argue improper service, and obtain a new date to come back when you are able to be prepared.
     
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  14. leslie82

    leslie82 Well-Known Member

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    You can call the courthouse and find out if there's a hearing scheduled or sometimes even check online. But your best bet is call the courthouse and see if your case is on the schedule.

    Also - the worst thing that happens if you come back and there's no court date or hearing is you cut a trip early. What's more important - your child or a trip?

    I just have zero patience for people who are unwilling to help themselves. Go to court - argue the service being improper, argue custody and state you need more time to prepare and the judge will probably grant it. It doesn't mean you start custody proceedings. The only way you will possibly lose your custody is by NOT showing up.
     
  15. adjusterjack

    adjusterjack Super Moderator

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    Let's see if I can dumb this down for you.

    The purpose of process service is to give you notice that you have to be in court. You GOT the notice. It's that simple.

    It isn't going to be dismissed.

    You have two options:

    1 - Show up and fight your case.

    2 - Don't show up and lose by default.

    Maybe the judge will give you more time, maybe he won't. But it won't have anything to do with how you were served so don't annoy him by wasting his time on it.
     
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  16. cynthiag

    cynthiag Active Member

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    Years ago, we found out my husband lost a collections case by default because he was unaware that he even had a court date.

    When he spoke to the court clerk's office and told them that he hadn't even received the notice so couldn't appear because he didn't know about the court date (or even the case), they basically told him "tough luck". Since they had sent out the notice, it was assumed that he got it, so they considered that they'd done all they had to do and it was just too bad for him that he lost a case he didn't even know was happening. They told him he had no recourse, even though there was information he could have presented that would have proven that he wasn't responsible for part of the debt (it was for medical bills for a worker's comp claim that the Army should have paid).

    Granted, this was sent through the mail rather than by a process server, but we found out exactly what happens when you don't show up for a scheduled court date - even one you never received notice of!
     
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