Legal Question in Family Law in Florida
Child custody visitation
I have temp.Custody of my son thru winning an emergency hearing, because the mother is now avoiding being served papers on permannat custody and child support, she is having her mom pick my son up when its her turn for visits, i want to know if she sends the granma nxt week to pick the child up, can we refuse because the process server cant locate her and shes required to provide us proof of residency, she is sending the granma so she doesnt get served, can we refuse to hand the child over to the granma since the visits are for the mother, we will have the process server here at f 5 when she comes to pick him up next week so she can be served but since she is sending her mom, we want to make her pick him up so she can be served , so we are going to refuse, so technically since the papers say the mother is to provide transportation, we are not being non-compliant with the order, but we want to know if legally if we will get in any trouble? The law cant get her served so we are going to have it done at our house when she picks him up,so we are going to refuse to hand the child over to the granma ,
1 Answer from Attorneys
Re: Child custody visitation
Using the child as a pawn for service is probably not the best idea. You have "custody," in a way, so why bother changing the status quo? If she wants custody back, she'll have to go to court, which means you don't need to serve her.
To get child support, why don't you just serve her by publication?
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