Legal Question in Family Law in California
My husband received a text from his ex informing his that he will be served because she is letting her attorney go whom she still holds a retainer. She states that in order to do so, the courts are making her fill out this silly form that needs to be signed and then filed with the courts, and then served to my husband. My husband I feel that this doesn't make any sense, and that in fact she is trying to serve him with papers so that she can take him back to court regarding custody. Is there any advice anyone can provide to verify this information? By the way, this is California and Riverside County.
1 Answer from Attorneys
1. The ex is correct that she must serve him with anything filed with the court, and that a change in legal representation must be filed and served. 2. If she intends to take him back to court for a change in custody, it is foolish to try to evade being served, since the court has he power to order the ex reimbursed for serving him if he tries to evade service, and even if he is successful, she can then serve him by publication and he will not have a chance to respond. Trying to avoid legal proceedings by evading service is just plain stupid, especially considering how much it pisses judges off to have to deal with it.
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