Legal Question in Family Law in Florida
Brent Rose Response: child custody
Response to Bren Rose: she has to be served court papers, were not concerned with child support issue, she is not getting served with the papers to go to court and if we cant serve her with court papers nothing is getting done. we cant go to court, she doesnt want to go to court thats why she is avoiding being served, and our attorney is sending the process server next week so when she picks him up we can serve her, but we are being charged $30 every time they try to serve her, we hve to go to court for permanant custody, and if she doesnt get served then we cant get permanant custody it is costing us every day to go on with this case,we cant just sit back and wait because she is not even complying with the temp. order. and there is nothing we can do with that the longer we go on with this, the more it is costing, but we are complying with the court order because if the law cant find her then we have no proof that she is living where she says she is, and she is court ordered to notify us of proof of residence. and if no one can find her then we have no proof if the law cant find her, then we are concerned of where she is staying she has previously not kept him in a safe stable environment and she is court ordered to do that.
1 Answer from Attorneys
Re: Brent Rose Response: child custody
No, YOU need to go to court, SHE doesn't need to go to court. Proving that she lives where she does is eay: go to court and tell the judge. She won't be there to deny it.
If she's not complying with a temporary order, file a motion for contempt and serve her by mail. Then watch her show up!
If you're worried about the grandmother picking up the child, file a motion to amend the order asking that only mom be allowed to pick up the child. Serve mom by mail. What will mom do? 1) Not show up and lose the motion, then you have her. 2) Show up to fight the motion, then you have her.
Game playing works for a while in this system, but there's always a way to beat it.
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