Legal Question in Family Law in California

Can I be served by email?

Never married, 2 kids (12yr-g &

9yr-b) currently have 50/50 cust. She lives in another county about 1.5 hours away and my kids are with me during the school week and with my ex 3 weekends a month. She filed for temp orders for full custody of my daughter (but not my son) stating reasons that are not true. Temp orders where granted with a date that I needed to be served on or before but was never served. She sent my an email with an attachment. Now our court date is over a month away and she is planning on having my daughter ride a train alone to and from her house(ex'es)and stating that I have to pay for fares and pick up my daughter at 6:00am in the morning at the train station and then drive her to school. I still have my 9yr. old son living with me and would have to wake him up 2 hours early to take him with me to get my daughter. Since I was not served personally bt the date stated on the orders, are they in effect and can she take my daughter until the court date?


Asked on 4/29/07, 3:13 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can I be served by email?

It is possible that she obtained a court order allowing service by email. However, that would be somewhat unusual. You should file a motion to modify the support order. You did not say how old your daughter is, but it would seem that the train ride would create an unreasonable risk for her. This circumstance should cause the court to have questions about the present visitation and custody arrangement.

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Answered on 5/11/07, 11:22 pm


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