Legal Question in Family Law in California
I had just recently served my ex boyfriend in the mail for custody of our youngest. him nor his friends would sign for the document, so the post man left a slip and took it back to the post office. I had told him he would be receiving papers last week, but he texts me and demands that I tell him the court date and even harrasses me about it. the clerks in the courthouse told me that once its in the mail it is no longer my problem. my question is, do I have to tell him when the court date is or should I not worry about it
1 Answer from Attorneys
I will assume for this question that service was effectuated. Do you have an obligation after you serve the individual with the documents to tell them the court date? The answer is no. The documents themselves should have the date, time, and department. It is not your obligation to remind him of the hearing, as long as you properly served him (not enough information to be able to confirm this as you may have to perform personal service). On the other hand if he doesn't show and you win on default, he may just file a new custody motion. I always in custody matters tell parents to try and be as reasonable as possible. You two will have to be in communication with each other for years to come. I hope this answered your question.
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