Served while in Jail

[jlmccormick]

My husband is currently incarcerated in the Ada County Jail in Boise, Idaho. He and I separated 18 months ago and he had a messed up relationship and she got pregnant. They are no longer together, he and I are working on resolving the marriage, and he incarcerated for domestic violence against her, a dui and child endangerment charges. He has a lawyer and is fighting the charges but she served him papers while he is in jail for custody, paternity and support. I know he has to file a response within the 20 days and he will file a counterclaim and ask that paternity be established through genetic testing. I am getting the papers a nd filling them out and he will sign them and we will have them notarized while he is incarcerated but does he have to pay the fees associated? Who does he or I contact to serve the response? Thank you so much

 

[quincy]

My husband is currently incarcerated in the Ada County Jail in Boise, Idaho. He and I separated 18 months ago and he had a messed up relationship and she got pregnant. They are no longer together, he and I are working on resolving the marriage, and he incarcerated for domestic violence against her, a dui and child endangerment charges. He has a lawyer and is fighting the charges but she served him papers while he is in jail for custody, paternity and support. I know he has to file a response within the 20 days and he will file a counterclaim and ask that paternity be established through genetic testing. I am getting the papers a nd filling them out and he will sign them and we will have them notarized while he is incarcerated but does he have to pay the fees associated? Who does he or I contact to serve the response? Thank you so much

YOU should not be filling out anything for your husband. He should ask his attorney to assist him.

 

[Just Blue]

My husband is currently incarcerated in the Ada County Jail in Boise, Idaho. He and I separated 18 months ago and he had a messed up relationship and she got pregnant. They are no longer together, he and I are working on resolving the marriage, and he incarcerated for domestic violence against her, a dui and child endangerment charges. He has a lawyer and is fighting the charges but she served him papers while he is in jail for custody, paternity and support. I know he has to file a response within the 20 days and he will file a counterclaim and ask that paternity be established through genetic testing. I am getting the papers a nd filling them out and he will sign them and we will have them notarized while he is incarcerated but does he have to pay the fees associated? Who does he or I contact to serve the response? Thank you so much

I suggest...STRONGLY...that he hire an attorney to take care of this for him. You are in danger of practicing law without a license.

 

[not2cleverRed]

...And I'm going to ask the naïve question: why shouldn't dear husband pay the fees?

I get that he's incarcerated, and has a trickle of a revenue stream, but... why should that matter in determining whether he pays fees?

As for who he should contact to serve his response to... if he can't figure it out, then he should have a lawyer handle his paperwork.

I appreciate that you are "standing by your man"*, but he's got to stand on his own 2 feet in order for you to be able to do that.

 

[LdiJ]

My husband is currently incarcerated in the Ada County Jail in Boise, Idaho. He and I separated 18 months ago and he had a messed up relationship and she got pregnant. They are no longer together, he and I are working on resolving the marriage, and he incarcerated for domestic violence against her, a dui and child endangerment charges. He has a lawyer and is fighting the charges but she served him papers while he is in jail for custody, paternity and support. I know he has to file a response within the 20 days and he will file a counterclaim and ask that paternity be established through genetic testing. I am getting the papers a nd filling them out and he will sign them and we will have them notarized while he is incarcerated but does he have to pay the fees associated? Who does he or I contact to serve the response? Thank you so much

You really cannot do much of that for him. You cannot file papers for him or serve someone on his behalf because you are not an attorney and that would be practicing law without a license. There should be people at the jail/prison who can help him with the forms if he cannot hire an attorney to handle things for him.