Legal Question in Family Law in California
Serving of the summons
I recently filed custody visitation papers , i immediatley recieved the
summons and was told to serve her in person , we tried to do this with no
luck , she keeps hiding out , i decided to pay the sherrif and was told he will
attempt next week ! The same day i sent the papers to the sherrif i recieved in
the mail the date for the OSC hearing and the requests i had for visitation i
am aware that i need to also have these served to her i can do this with a
party not involved mail it to her , my question is do i need to wait for her to
recieve the first summons before i can mail her these , the hearing is on 4/
20/06 i dont want to have to postpone this i havent seen my daughter in 6
weeks . we are not married i am requesting joint visitation immediatley and
the court knows i havent seen her . please help
3 Answers from Attorneys
Re: Serving of the summons
Serving the summons on her gives the court jurisdiction personal over her. Until she is personally served with the summons the court does not have personal jurisdiction.
Re: Serving of the summons
GET A LAWYER!!
Reply: Serving of the summons
She has to be personally served.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com