Legal Question in Family Law in California
I live in California. My divorce has been final for 3 years. I filed for full custody, we split now. I went to the court and filed papers with the clerk. I did not have someone serve him the court order, I gave them to him. Does this create a problem? Does he have to show up for the court?
Asked on 9/13/10, 1:42 pm
2 Answers from Attorneys
JULIEANN SAYEGH
Law Offices of Julieann R. Sayegh
If you are a party to the action you cannot personally serve the other party. You need to have someone who is over the age of 18 serve him. Then you need to file a proof of service. Otherwise service is not proper.
Answered on 9/19/10, 2:32 pm
Yes it creates a problem. No he does not have to show up. You now need to start over, and follow Ms. Sayegh's advice on serving him.
Answered on 9/21/10, 2:26 pm