Should I Motion for Change

[LdiJ]

Thank you for your input. It helps. Fortunately she has not been arrested so I am unsure how her opiate addiction could be brought up. The advanced notice of cancellations would indeed help.

Question, is there a time limit I have to wait until she comes and get our son? There are no set times or days in the order but if she says she is going to pick our son up at say 3pm how long do I have to wait for her to show up before I can leave?

What I often advise a parent to do is if the other parent does not show, then go ahead with your plans, but make the parent aware of where they can pick up the child if they eventually show. In other words, don't wait around for the parent to show up at the normal location, but let the parent come to you/the child if the parent shows later.

 

[huntingguy]

I am ready to file court papers but have another question. I have opted in as an electronic party. Seven years ago we each had lawyers. I had mine withdraw but hers is shown still on the case. When serving the papers do I have to serve him since he has not withdrawn on the case? If so how is that done since he is a lawyer, do they just go to his office and hope he is there? Or can the secretary accept service for him?

 

[huntingguy]

So the lawyer is unable to be served. The office doesnt have set hours, are randomly there, according to nearby business. The server has tried to set up a time to serve the lawyer but to no avail.

Can the lawyer be served via certified mail? The lawyer from the divorce is still on record even though it is 7 years ago so the lawyer has to be served and not the other party right?

 

[CJane]

So the lawyer is unable to be served. The office doesnt have set hours, are randomly there, according to nearby business. The server has tried to set up a time to serve the lawyer but to no avail.

Can the lawyer be served via certified mail? The lawyer from the divorce is still on record even though it is 7 years ago so the lawyer has to be served and not the other party right?

Look up the rules for proper service in your state, and follow those guidelines to serve Mom AND the attorney. Then, submit the proof of service for both of them to the court. It's possible that Mom's attorney withdrew, and it's simply not entered into the record since the case wasn't active at the time.

 

[Ohiogal]

So the lawyer is unable to be served. The office doesnt have set hours, are randomly there, according to nearby business. The server has tried to set up a time to serve the lawyer but to no avail.

Can the lawyer be served via certified mail? The lawyer from the divorce is still on record even though it is 7 years ago so the lawyer has to be served and not the other party right?

Wrong. Serve the other party not the attorney.