Legal Question in Family Law in California

Re: Right way to be served out of state.

Call the lawyer who represented you in California and fax copies of what was sent if necessary. You might also contact the court clerk to determine if anything is filed with the court or set for any court action. You can also contact a local attorney and discuss it with that attorney, but if action is required in California, you will need California Counsel.

Re: Right way to be served out of state.

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

After entry of a judgment of marriage dissolution, nullity, legal separation or paternity, or after a "permanent order in any other proceeding in which there was at issue the visitation, custody, or support of a child," no modification of such judgment or order and no subsequent order in the proceedings is valid unless the opposing party was served "in the same manner as the notice is otherwise permitted by law to be served upon the party." Service upon the party's attorney of record alone is not sufficient. Ca Fam � 215.

Moving papers (OSC or Notice of Motion) may be sent to an out of state respondent by postage prepaid first-class mail with return receipt requested. Ca Civ Pro � 415.40. Proof of actual delivery to respondent is required to perfect this form of service. Normally, such proof will be by respondent's signing the return receipt. However, any "other evidence" establishing actual delivery to respondent will also suffice. Alternatively, service outside California but within the U.S. may be effected pursuant to the law of the state where respondent is served. Ca Civ Pro � 413.10(b). A postjudgment modification order issued in violation of Ca Fam � 215 is void on its face and subject to collateral attack at any time.

Thanks for sharing your interesting inquiry, and good luck with your case.