Serving Court Papers

[NY_Stepmom]

The state is New York. My husband is suing his ex for custody. It says in the papers that anyone party to the petition is not allowed to serve the papers. Does that mean that I can serve her the papers? I am not sure, being that I'm married to the petitioner, if I am a party to the petition through marriage. Thanks for any answers.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NY_Stepmom:
The state is New York. My husband is suing his ex for custody. It says in the papers that anyone party to the petition is not allowed to serve the papers. Does that mean that I can serve her the papers? I am not sure, being that I'm married to the petitioner, if I am a party to the petition through marriage. Thanks for any answers. <HR></BLOCKQUOTE>


My response:

Technically, you are not a "party" to the litigation and could serve the papers if you're over the age of 18. However, if you served the papers, there might be a "hint" of prejudice on your part to say that you did, in fact, serve the papers, only because you are closely related to one of the litigants; i.e., you have a "tangential" interest. This is, of course, should such issue even arise.

To be on the safe side, and so there is no question of impropriety, have an Attorney Service serve the papers. They are professionals, licensed, and bonded. And, a judge would believe them more than you if the issue of improper, or failed, service ever came into question.

IAAL


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[usdeeper]

What are the reasons why he is sueing for custody ?.. What are the current court orders ?

 

[NY_Stepmom]

Thank you IAAL, for your knowledge and input in this matter. Usdeeper, the reason for the custody battle is that my stepdaughter's mother doesn't care for her properly. She receives over $1500.00 monthly CS for my stepdaughter, and my stepdaughter continually comes to our home in need of clothing & miscellaneous needs, and is just generally (physically, mentally, emotionally) not cared for at all by her mother. I received an anonymous call that her mother was recently arrested for drunken driving, with my stepdaughter in the car, but the officers felt bad for her (the mother) and allowed a friend to pick my stepdaughter up from the precinct. A friend of mine who is a police officer confirmed the arrest, but stated that if there is no record of the child in the car, in the police report, then that's what the facts are. I was told by the detective that there is no proving it wrong. I would like to make it known that this has happened and try to fight it happening again, that police will allow a child to go with a friend/relative, when they were in the car with a drunken parent - aren't police mandated to report such cases? It is a form of neglect on the parent's part, no? Also, it is DEFINITELY endangering the welfare of the child, right? I am just livid, that justice wasn't served for my SD.

We have been fighting for the past 7 yrs to gain custody of her - there have already been a few times when we've had temporary custody, (awarded by CPS) because her mother was leaving her home alone at age 5 to go out partying & using drugs, and someone reported her to CPS, just for us to lose permanent custody because she showed 'initiative' in getting help. (yeah, she went to the counselor and blew smoke up his @ss, to keep her daughter, and once she fools the authorities into believing she's 'reformed', she goes right back to the abuse of my stepdaughter, drinking, drugging, etc.) The original order (stated in the divorce) was that she had custody of their daughter, and he had reasonable visitation. I only hope justice will be served this time. Sorry this post was so long, and I could go on, after all, it is 7 yrs of this aggrivation and heartache; that would take way too long to explain the entire story. I hope my summary made sense. Thanks again.

 

[usdeeper]

Yes it makes sense... Good luck in this fight.. remember to collect as much evidence as you can.. if you have to hire a PI and get proof then do so.. As for the police report, you can file a complaint against the police if you believed they have lied, and certainly if there is a witness that picked up the child from the office. I know in some states, being caught DUI with a minor in the car is a serious offence.. I would not normally suggest such action against the police, but the case here is the well being of the child, not some police officers record.

Again, collect that proof !!