cappadocia
Member
Today, 05:03 PM
pak212
Junior Member Join Date: Apr 2011
Posts: 7
Cannot get papers served for visitation rights. What is the recourse?
________________________________________
What is the name of your state (only U.S. law)?
We live in Maryland. After being denied visitation with his daughter, my unwed son started the process of seeking joint legal custody and visitation, however, he cannot seem to get the papers served. What can he do if he cannot get her to accept the summons? He is very anxious to start the court process and get to mediation, as he misses his daughter very much. Would anyone be able able to suggest the next best step? Would very much appreciate any advice given.
#2
Today, 05:21 PM
mistoffolees
Senior Member Join Date: Mar 2008
Posts: 12,634
Quote:
Originally Posted by pak212
What is the name of your state (only U.S. law)?
We live in Maryland. After being denied visitation with his daughter, my unwed son started the process of seeking joint legal custody and visitation, however, he cannot seem to get the papers served. What can he do if he cannot get her to accept the summons? He is very anxious to start the court process and get to mediation, as he misses his daughter very much. Would anyone be able able to suggest the next best step? Would very much appreciate any advice given.
What has he tried?
And it's really better if he signs up with his own account since you probably won't have all the needed information.
#3
Today, 07:31 PM
pak212
Junior Member Join Date: Apr 2011
Posts: 7
Thank you for responding. I actually do have all the information because we have been working together on this and I keep all the records. He's not as adept on the computer as I am. I am the one who downloaded the forms, helped him fill them out and suggested he see the family law attorney at the courthouse to make sure papers were in order before filing. The attorney said they were perfect and to file. After filing, he gave the service copy of the papers to the sheriff dept in her county to serve her. We know he can also use certified delivery and a private process server but it seems now that she knows papers are coming, she will be cagey in avoiding them. He sent his most recent child support check via certified mail and she never picked it up. She actually ended up serving papers first but he missed delivery. (I wrote about it here and you actually very graciously responded to me.) They've never come back to try and serve him again. He thinks since he told her that he welcomes going to court, so he can finally see his baby again, she may have reconsidered serving her own papers in effort to keep him from his daughter as long as possible. She has no reason to keep my son from seeing his baby except to use the baby as a tool to hurt him. She's very scary in that she will stoop to anything to get her way. I know what to do if she receives the papers and doesn't respond, I just don't know what he should do if she never accepts the papers, and/or never serves her own. My son has been very despondent over not seeing his baby and I'm trying to get everything in order so he can act quickly, in order to expedite the process and allow him to see his daughter as soon as possible.
Sorry for the long post. Very anxious to help him reunite with his baby.
#4
Today, 07:41 PM
CJane
Senior Member Join Date: Feb 2005
Location: Kansas City
Posts: 15,649
I've never understood what makes it so hard to serve someone if you know where they live. All you need is an adult non-party to hand her papers.
So, YOU or a friend of your son's, or whatever parks outside her house/apartment and when she's leaving for work in the AM, walk up to her say her name, and when she turns around, hand her the papers and walk away.
#5
Today, 07:41 PM
cappadocia
Member Join Date: Mar 2010
Posts: 55
aka Granny wants to visit with her grandchild and son is uninterested or inept and infant's mother is the devil.
Hire a private process server.
#6
Today, 07:44 PM
LdiJ
Senior Member Join Date: May 2004
Posts: 51,406
Quote:
Originally Posted by pak212
What is the name of your state (only U.S. law)?
We live in Maryland. After being denied visitation with his daughter, my unwed son started the process of seeking joint legal custody and visitation, however, he cannot seem to get the papers served. What can he do if he cannot get her to accept the summons? He is very anxious to start the court process and get to mediation, as he misses his daughter very much. Would anyone be able able to suggest the next best step? Would very much appreciate any advice given.
Bottom line? She has to be served. Therefore your son is going to have to do whatever is necessary to get her served, even if it doesn't happen as quickly as he/you want it to happen.
#7
Today, 07:49 PM
CJane
Senior Member Join Date: Feb 2005
Location: Kansas City
Posts: 15,649
Quote:
Originally Posted by pak212
He sent his most recent child support check via certified mail and she never picked it up.
So, your little boy is playing games too.
Good thing he's more interested in providing for his child than playing with Mommy.
#8
Today, 07:52 PM
Isis1
Senior Member Join Date: Nov 2007
Posts: 14,697
My thought are, if she was trying to serve him with something, I'd (your son, not you) would head to the courthouse, get copy of the paperwork, file an answer, and show up at the hearing. But then my mommy has never helped me with my homework.What is the name of your state (only U.S. law)?
pak212
Junior Member Join Date: Apr 2011
Posts: 7
Cannot get papers served for visitation rights. What is the recourse?
________________________________________
What is the name of your state (only U.S. law)?
We live in Maryland. After being denied visitation with his daughter, my unwed son started the process of seeking joint legal custody and visitation, however, he cannot seem to get the papers served. What can he do if he cannot get her to accept the summons? He is very anxious to start the court process and get to mediation, as he misses his daughter very much. Would anyone be able able to suggest the next best step? Would very much appreciate any advice given.
#2
Today, 05:21 PM
mistoffolees
Senior Member Join Date: Mar 2008
Posts: 12,634
Quote:
Originally Posted by pak212
What is the name of your state (only U.S. law)?
We live in Maryland. After being denied visitation with his daughter, my unwed son started the process of seeking joint legal custody and visitation, however, he cannot seem to get the papers served. What can he do if he cannot get her to accept the summons? He is very anxious to start the court process and get to mediation, as he misses his daughter very much. Would anyone be able able to suggest the next best step? Would very much appreciate any advice given.
What has he tried?
And it's really better if he signs up with his own account since you probably won't have all the needed information.
#3
Today, 07:31 PM
pak212
Junior Member Join Date: Apr 2011
Posts: 7
Thank you for responding. I actually do have all the information because we have been working together on this and I keep all the records. He's not as adept on the computer as I am. I am the one who downloaded the forms, helped him fill them out and suggested he see the family law attorney at the courthouse to make sure papers were in order before filing. The attorney said they were perfect and to file. After filing, he gave the service copy of the papers to the sheriff dept in her county to serve her. We know he can also use certified delivery and a private process server but it seems now that she knows papers are coming, she will be cagey in avoiding them. He sent his most recent child support check via certified mail and she never picked it up. She actually ended up serving papers first but he missed delivery. (I wrote about it here and you actually very graciously responded to me.) They've never come back to try and serve him again. He thinks since he told her that he welcomes going to court, so he can finally see his baby again, she may have reconsidered serving her own papers in effort to keep him from his daughter as long as possible. She has no reason to keep my son from seeing his baby except to use the baby as a tool to hurt him. She's very scary in that she will stoop to anything to get her way. I know what to do if she receives the papers and doesn't respond, I just don't know what he should do if she never accepts the papers, and/or never serves her own. My son has been very despondent over not seeing his baby and I'm trying to get everything in order so he can act quickly, in order to expedite the process and allow him to see his daughter as soon as possible.
Sorry for the long post. Very anxious to help him reunite with his baby.
#4
Today, 07:41 PM
CJane
Senior Member Join Date: Feb 2005
Location: Kansas City
Posts: 15,649
I've never understood what makes it so hard to serve someone if you know where they live. All you need is an adult non-party to hand her papers.
So, YOU or a friend of your son's, or whatever parks outside her house/apartment and when she's leaving for work in the AM, walk up to her say her name, and when she turns around, hand her the papers and walk away.
#5
Today, 07:41 PM
cappadocia
Member Join Date: Mar 2010
Posts: 55
aka Granny wants to visit with her grandchild and son is uninterested or inept and infant's mother is the devil.
Hire a private process server.
#6
Today, 07:44 PM
LdiJ
Senior Member Join Date: May 2004
Posts: 51,406
Quote:
Originally Posted by pak212
What is the name of your state (only U.S. law)?
We live in Maryland. After being denied visitation with his daughter, my unwed son started the process of seeking joint legal custody and visitation, however, he cannot seem to get the papers served. What can he do if he cannot get her to accept the summons? He is very anxious to start the court process and get to mediation, as he misses his daughter very much. Would anyone be able able to suggest the next best step? Would very much appreciate any advice given.
Bottom line? She has to be served. Therefore your son is going to have to do whatever is necessary to get her served, even if it doesn't happen as quickly as he/you want it to happen.
#7
Today, 07:49 PM
CJane
Senior Member Join Date: Feb 2005
Location: Kansas City
Posts: 15,649
Quote:
Originally Posted by pak212
He sent his most recent child support check via certified mail and she never picked it up.
So, your little boy is playing games too.
Good thing he's more interested in providing for his child than playing with Mommy.
#8
Today, 07:52 PM
Isis1
Senior Member Join Date: Nov 2007
Posts: 14,697
My thought are, if she was trying to serve him with something, I'd (your son, not you) would head to the courthouse, get copy of the paperwork, file an answer, and show up at the hearing. But then my mommy has never helped me with my homework.What is the name of your state (only U.S. law)?