Respondent in child custody visitation case properly served?

[Rosamaba]

What is the name of your state (only U.S. law)? Ca

I was notified by my ex mother in law of intent to serve me papers

They tried 1-2 times from my knowledge and then left it on my doorstep sometime last night when I was sleeping probably 9/10 pm in an open envelope with only my legal name written on it. No address nothing else.

My question is what can I do about this. This was not legally served to me so how do I go about this? The court date is 3 months out
But they did not legally serve me and I don't want to default but I want this done right if I am to respond?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ca

I was notified by my ex mother in law of intent to serve me papers

They tried 1-2 times from my knowledge and then left it on my doorstep sometime last night when I was sleeping probably 9/10 pm in an open envelope with only my legal name written on it. No address nothing else.

My question is what can I do about this. This was not legally served to me so how do I go about this? The court date is 3 months out
But they did not legally serve me and I don't want to default but I want this done right if I am to respond?

What is the suit about?

 

[Zigner]

What is the name of your state (only U.S. law)? Ca

I was notified by my ex mother in law of intent to serve me papers

They tried 1-2 times from my knowledge and then left it on my doorstep sometime last night when I was sleeping probably 9/10 pm in an open envelope with only my legal name written on it. No address nothing else.

My question is what can I do about this. This was not legally served to me so how do I go about this? The court date is 3 months out
But they did not legally serve me and I don't want to default but I want this done right if I am to respond?

You can try to play games, but the simple fact of the matter is that the other side is going to file their proof of service form at the court and the court will consider you to have been served. Your are going to need to defend the case on its merits, not on the belief that you haven't been served.

 

[not2cleverRed]

The point of service is to show that you have been informed of the court date and what the other party is asking for, so that you can respond (legally).

So... what is the other party asking for, and what is status quo? What do you think should stay the same, and why? Has there been a change of circumstance in the child(ren)'s life?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ca

I was notified by my ex mother in law of intent to serve me papers

They tried 1-2 times from my knowledge and then left it on my doorstep sometime last night when I was sleeping probably 9/10 pm in an open envelope with only my legal name written on it. No address nothing else.

My question is what can I do about this. This was not legally served to me so how do I go about this? The court date is 3 months out
But they did not legally serve me and I don't want to default but I want this done right if I am to respond?

They utilized residential service. What is your issue with this? Do you not want to be mature and an adult?

 

[Zigner]

They utilized residential service. What is your issue with this? Do you not want to be mature and an adult?

Except that it's not, technically, a valid means of service in CA for this matter. Unfortunately, as I alluded to above, the proof of service is going to be filed showing that they personally delivered the documents to the OP. How is the OP going to argue otherwise, particularly since the OP acknowledges receiving the documents. As I mentioned (as did you), the OP isn't going to gain anything by trying to play the "I wasn't properly served" game.

 

[Rosamaba]

Not a game

The question was not an I playing a game or whether or not it is right.
He has not seen his kid in 3 years since born is asking for custody now only because of money
Is in a gang and drug related people drug alcohol
Unsafe living conditions things I cannot prove now that I am no longer around him but are still very much the case
The issue is to delay nothing else, to help prolong things for my daughters case.
He apparently had until last night to serve me.
He only tried 2x around 8 pm each time (I was informed by his mother after the fact) and I was not home by chance. The last time he left on doorstep.

I have my reasons and was not asking for personality advice I was asking for legal advice on what my options are for not being served

He was trying to avoid resubmitting and having to serve me legally again.

He has custody of his previous olderdaughter in paper and receives child support and cash aid benifit from state and medical insurance for him and her even though she has not lived with him for over 4 years and he has not paid a penny towards her in those years, no visitation no scheduled hours, no school events transportation, nada however he looks on paper to be a single dad sole custody.
I will be requesting everything I can to keep her safe but I have no proof and there is no criminal record of what he's done in the past as he has had it cleaned up with lawyers and also mostly evaded the law.

Again, I should not have to explain my situation nor defend my character or my decisions. I asked what I can do after being improperly served. What any recourse I might have to request new orders and new court date. He did this on purpose also to give me too little time to get off work to win by default.

 

[Rosamaba]

Original court date less than 2 weeks out and another related court date 3 months out

 

[Zigner]

He only tried 2x around 8 pm each time (I was informed by his mother after the fact) and I was not home by chance. The last time he left on doorstep.

I have my reasons and was not asking for personality advice I was asking for legal advice on what my options are for not being served

How do you know who served the documents?


Again, I should not have to explain my situation nor defend my character or my decisions. ...I asked what I can do after being improperly served. What any recourse I might have to request new orders and new court date. He did this on purpose also to give me too little time to get off work to win by default.[/QUOTE]

And, once again, the fact is that there will be a document that is filed with the court that is called "Proof of Service". How do you expect to show up and court and say "I didn't know about court because I wasn't served"? With that said, you may be able to get a postponement.

 

[stealth2]

Again, I should not have to explain my situation nor defend my character or my decisions. I asked what I can do after being improperly served. What any recourse I might have to request new orders and new court date. He did this on purpose also to give me too little time to get off work to win by default.

Not to us, perhaps, but you will to a judge, who will also be interested in knowing why you considered this horrible, terrible man to be suitable father material for your child.

You should begin by speaking with a local attorney.

 

[not2cleverRed]

The question was not an I playing a game or whether or not it is right.
He has not seen his kid in 3 years since born is asking for custody now only because of money
Is in a gang and drug related people drug alcohol
Unsafe living conditions things I cannot prove now that I am no longer around him but are still very much the case
The issue is to delay nothing else, to help prolong things for my daughters case.
He apparently had until last night to serve me.
He only tried 2x around 8 pm each time (I was informed by his mother after the fact) and I was not home by chance. The last time he left on doorstep.

I have my reasons and was not asking for personality advice I was asking for legal advice on what my options are for not being served

He was trying to avoid resubmitting and having to serve me legally again.

He has custody of his previous olderdaughter in paper and receives child support and cash aid benifit from state and medical insurance for him and her even though she has not lived with him for over 4 years and he has not paid a penny towards her in those years, no visitation no scheduled hours, no school events transportation, nada however he looks on paper to be a single dad sole custody.
I will be requesting everything I can to keep her safe but I have no proof and there is no criminal record of what he's done in the past as he has had it cleaned up with lawyers and also mostly evaded the law.

Again, I should not have to explain my situation nor defend my character or my decisions. I asked what I can do after being improperly served. What any recourse I might have to request new orders and new court date. He did this on purpose also to give me too little time to get off work to win by default.

Look, one way or another you are going to go to court.

What are the current orders? What has been the status quo? Has there been a change of circumstance in your child's life?

Be straightforward and address this.

That Dad has custody of one of his other children should not be an issue - but it would indicate that you shouldn't use his poor parenting as a reason for not changing custody.

That you have custody, there's no change of circumstances, and Dad hasn't even exercised visitation regularly for years, and that it was by his choice (as opposed to you moving and leaving no forwarding address) would be better to focus on in preparing your response.

Loopholes aren't what you should be clinging to. Don't play games.

 

[CTU]

The question was not an I playing a game or whether or not it is right.
He has not seen his kid in 3 years since born is asking for custody now only because of money
Is in a gang and drug related people drug alcohol
Unsafe living conditions things I cannot prove now that I am no longer around him but are still very much the case
The issue is to delay nothing else, to help prolong things for my daughters case.
He apparently had until last night to serve me.
He only tried 2x around 8 pm each time (I was informed by his mother after the fact) and I was not home by chance. The last time he left on doorstep.

I have my reasons and was not asking for personality advice I was asking for legal advice on what my options are for not being served

He was trying to avoid resubmitting and having to serve me legally again.

He has custody of his previous olderdaughter in paper and receives child support and cash aid benifit from state and medical insurance for him and her even though she has not lived with him for over 4 years and he has not paid a penny towards her in those years, no visitation no scheduled hours, no school events transportation, nada however he looks on paper to be a single dad sole custody.
I will be requesting everything I can to keep her safe but I have no proof and there is no criminal record of what he's done in the past as he has had it cleaned up with lawyers and also mostly evaded the law.

Again, I should not have to explain my situation nor defend my character or my decisions. I asked what I can do after being improperly served. What any recourse I might have to request new orders and new court date. He did this on purpose also to give me too little time to get off work to win by default.

Then don't be so quick to attack HIS character when HE isn't here to defend HIMSELF.

You're not exactly Snow White yourself, Madam.

 

[Ohiogal]

Look, one way or another you are going to go to court.

What are the current orders? What has been the status quo? Has there been a change of circumstance in your child's life?

Be straightforward and address this.

That Dad has custody of one of his other children should not be an issue - but it would indicate that you shouldn't use his poor parenting as a reason for not changing custody.

That you have custody, there's no change of circumstances, and Dad hasn't even exercised visitation regularly for years, and that it was by his choice (as opposed to you moving and leaving no forwarding address) would be better to focus on in preparing your response.

Loopholes aren't what you should be clinging to. Don't play games.

An INITIAL custody hearing does not require a change of circumstances. And that is what this sounds like. So you are wrong in what you are stating.

 

[Ohiogal]

Then don't be so quick to attack HIS character when HE isn't here to defend HIMSELF.

You're not exactly Snow White yourself, Madam.

Nope. She is not. But she wants to make it appear as such, doesn't she?

 

[not2cleverRed]

An INITIAL custody hearing does not require a change of circumstances. And that is what this sounds like. So you are wrong in what you are stating.

Yeah, I omitted that case.

About all OP is really willing to hint at is that perhaps Dad is motivated by money - which we see people complain about often, so I assumed there was some form of court orders out there already. (Personally, I had custody/visitation orders long before going for child support.)

I think that we can both agree that OP is too focused on the notion of service. She knows when she's supposed to be at court. That is the main purpose of the rules about service.