Notice of child custody change hearing

[Tonep]

Jurisdiction

California

I've live in Ohio and my ex-wife and child live in California. I've hired a service company to service notice of our upcoming custody hearing and have been unsuccessful. My hearing is coming up very soon. I've notified her by text message to the phone number she has called me from in the past. Do I still go to the assigned court date or do I ask for an extension? Am I responsible for her being served notice?

 

[mightymoose]

If you have been unable to serve notice in the required time frame you will need an extension. A professional process server should have no trouble getting the documents served.
The court clerk can assist with the process to reschedule.
Showing up to court without proof of service would lead nowhere.

 

[Tonep]

If you have been unable to serve notice in the required time frame you will need an extension. A professional process server should have no trouble getting the documents served.
The court clerk can assist with the process to reschedule.
Showing up to court without proof of service would lead nowhere.

I have been using a professional process server with no success. When they went the her address she would not open the door and the person on the other side stated she didn't live there. I know that is the address because I've talked with her on the phone and she told me I should write my daughter if I wanted to communicate with her and at that time I ask was she still living at the address I provided to the server. So what happens if she keeps playing this cat and mouse game, what are my options?

 

[army judge]

So what happens if she keeps playing this cat and mouse game, what are my options?

Until she is served, the legal process can't proceed.

Well, that is what SHOULD happen.

There are always those who "game" the system.

A sworn law enforcement officer, county sheriff's deputy, town or city marshal, county constable can sit on her and serve her when she ventures outside.

That can be costly, but such is the price of anything we do, it has a cost.

You must pay the cost to be the boss.

 

[zddoodah]

I've hired a service company to service notice of our upcoming custody hearing and have been unsuccessful.

I don't know how it works in Ohio, but these sorts of matters typically do not require personal service (I'm assuming this is not an original proceeding). Are you sure personal service is needed? Do you have an attorney?

Do I still go to the assigned court date

If you don't show up, the court probably will deny whatever it is that you're seeking from the court.

do I ask for an extension?

I don't know what you do, but this certainly wouldn't be a bad idea.

Am I responsible for her being served notice?

Of course. However, as my first comments above indicate, the question is what manner of service is required?

I have been using a professional process server with no success. When they went the her address she would not open the door and the person on the other side stated she didn't live there. I know that is the address because. . . .

Under California law, valid service can be effected under these circumstances by notifying the person on the other side of the door that the papers are being left on the ground outside the door. Any "professional process server" in California should know that.

 

[Tonep]

I don't know how it works in Ohio, but these sorts of matters typically do not require personal service (I'm assuming this is not an original proceeding). Are you sure personal service is needed? Do you have an attorney? No I do not.



If you don't show up, the court probably will deny whatever it is that you're seeking from the court.



I don't know what you do, but this certainly wouldn't be a bad idea.



Of course. However, as my first comments above indicate, the question is what manner of service is required?



Under California law, valid service can be effected under these circumstances by notifying the person on the other side of the door that the papers are being left on the ground outside the door. Any "professional process server" in California should know that.

So, she does not have to physical take the order, it can be left on her door step, is that what your saying? Can it be left where she works? She owns a strip club.

 

[zddoodah]

So, she does not have to physical take the order, it can be left on her door step, is that what your saying?

I think what I wrote previously was pretty clear: Under California law, valid service can be effected under these circumstances by notifying the person on the other side of the door that the papers are being left on the ground outside the door. Obviously effecting service in this manner would not involve the process server physically handing the documents to the person being served.

Of course, as far as I can tell, your case is pending in Ohio, and I have no idea whether an Ohio court would approve of such service simply because the person being served lives in California. As I also mentioned, you should verify whether or not service can be effected by mail.

Can it be left where she works? She owns a strip club.

Under California law, if personal service is necessary, service can be effected by leaving a copy at the "usual place of business" of the person being served with "a person apparent in charge of his or her office [or] place of business . . . at least 18 years of age." Again, I don't know if an Ohio court would accept such service.

 

[army judge]

I've live in Ohio and my ex-wife and child live in California. I've hired a service company to service notice of our upcoming custody hearing and have been unsuccessful. My hearing is coming up very soon. I've notified her by text message to the phone number she has called me from in the past. Do I still go to the assigned court date or do I ask for an extension? Am I responsible for her being served notice?

Do yourself a favor, visit a couple Ohio family law attorneys tomorrow.

Tell the lawyers what you're TRYING to achieve, and ask them if its possible in Ohio, or do you have to do it in CA.

If the case involves a child, the case has to be brought in the state that maintains jurisdiction over the child.

If jurisdiction has lapsed from another state or CA never obtained proper jurisdiction, it MIGHT be possible to seek jurisdiction over the child in Ohio.

Again, this requires a consultation with a lawyer in Ohio, maybe even CA.