Legal Question in Family Law in California
How do I serve papers to the father?
I have just filed papers for custody of my 3 children. We have both agreed this is the right thing to do however their father wants to be the one in control. The problem I have is serving him the papers. He is currently overseas in Iraq he will be returning next and is being sent to Georgia and then he is going to virginia to outprocess and finally end up in T.X I don't know the procedures on serving anyone because I have never done it before but since his home of record is here in C.A for the military am I legally allowed to send it to that address ''which is his mothers home''? What about finding whoever he reports to in V.A or T.X when he gets there? I have a court date of april 27th? So I have to get this to him before the 27th of this month right?
2 Answers from Attorneys
Re: How do I serve papers to the father?
You may ask the court to reissue to Order to Show Cause to give you more time to get him served. Explain that he is in the military. I presume that you do not want to serve him in Iraq since he has enough to worry about. There are special rules about serving someone in the military and taking their default. You should contact the branch he is in and talk to the office that assists families. If you receive money from the military there should be a phone number. Until you are divorced you are still the wife of an active duty soldier serving overseas and are entiltled to some assistance.
Re: How do I serve papers to the father?
There are restrictions on taking the default of an individual on active duty. Your best approach may be to stay in California and hold off until he is out of the military and then serve him. California would probably be the child's home state. That is assuming that you intend to reamin in California and have established a home here. There are several approaches depending upon the facts in your case a review with an attorney to fully understand the options available to you.
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