Question about not being served

[quincy]

I agree, that IS a good question. However, if that is what happened dad's reaction to the situation is still over the top. He is not attempting to assert his parental rights, he is suing for primary custody and child support.

It is possible that the child has decided s/he wants to live with dad, at least for awhile, and asked the dad if s/he could move to California. If no court has been involved yet, that could be a good reason for dad to involve a court now.

Just a guess, of course.

Another guess is that dad is in desperate need of money and figures child support is one way to get some, even if the money comes with a kid attached.

 

[LdiJ]

It is possible that the child has decided s/he wants to live with dad, at least for awhile, and asked the dad if s/he could move to California. If no court has been involved yet, that could be a good reason for dad to involve a court now.

Just a guess, of course.

Another guess is that dad is in desperate need of money and figures child support is one way to get some, even if the money comes with a kid attached.

Another possibility is that it is a knee jerk reaction to an automatic child support review (if dad is currently paying child support). I can also think of possibly another half dozen potential reasons.

The bottom line is that the only hope dad has of winning this is by a default judgement. And the only hope of that happening is if dad lies to the court AND mom is foolish enough not to address the situation now. It will be a whole lot easier to get it stopped now, then to challenge it after a default ruling.

Mom, you really need to talk to a family law attorney in CA and one in the state you are living in now. I am not saying that you need to hire one right this minute, but you need to consult with one in each state, to get a picture of where you stand and what your options are. It may be that accepting service of the suit and responding that CA does not have jurisdiction and why, and asking that the case be dismissed, would be the appropriate action. The attorneys will advise you.

 

[quincy]

All sorts of possibilities.

Zemzem’s original question was how to avoid a default judgment and the best way to avoid a default judgment is generally to not try to evade service - because an alternate form of service can result - and then to respond promptly to a complaint when served.

But I agree that a New York family law attorney should be the one advising her right now.

 

[Litigator22]

I lived in California for sometime and had a child there with a random man who I had no relationship with. I just found out that he’s suing me for both custody and child support my child has seen him a total of two times. I moved back to my home state and he is trying to serve me at my sisters house in California where I have NEVER lived. What happens if he is unable to find me and how can I prevent a default judgment.

PLEASE NOTE THE FOLLOWING:

I assume the father's custody suit is pending in California. If so, then none of the courts in California would have jurisdiction to determine custody UNLESS the child resided in the state of California for a continuous period of 6 months immediately prior to the date of the father's filing. See: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) codified as California Family Code Section 3400 et seq.