Legal Question in Family Law in Georgia

How can i have my Ex-wife served papers for a custody battle in DeKalb county GA?

i am trying to file for legal custody of my daughter without a lawyer and i want to know if it is legal and acceptable to send her a certified letter throught the mail? Would a recipt of delievery from the post office for the custody documents hold up in court?


Asked on 5/19/11, 2:49 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Sorry to be harsh, but custody of your daughter must not be very important if you are filing a custody case without a lawyer. The fact that you do not even know how to serve your ex-wife to even start the case should be a pretty good message that you won't get very far in the case.

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Answered on 5/19/11, 3:05 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Let me start by asking you a question. Are you seriously wanting custody? Do you truly care for teh child? If the answer is yes, you will get a lawyer. Your chance of successfully filing and winning a custody case without counsel is very close to zero. Such cases are so complicated under current law than even many attorneys lack the expertise, so be sure to get someone who has significant family law experience.

Hiring a good lawyer improves the chance that your positions will be well advocated and tells the judge that this is a serious rather than less-than-serious effort.

A second reason to stress that you need counsel is that if you want to act pro se,m you should spend many hours researching the laws and rules. One of the things you would have found in about the first five minutes of research is how to serve paperwork (and certified mail is NOT one of the methods).

A third reason is that you mentioned Dekalb County. While Judges everywhere will hold you to high standards, it is my experience that Dekalb's judges hold litigants to very strioct precision. Do you know how to do the financial affidavit? The affidavit as to other custody actions? The parenting plan? The Excel spreadsheet which calculates support? While Dekalb does offer pro se litigants a family division help center with some forms, their first caution is to recommend counsel, and, even if you plan to proceed pro se that you pay a lawyer to review your paperwork before filing.

Bear in mind that if you lose pro se, your next case, with a lawyer, will be more difficult and expensive than doing it right the first time.

We get back to the point - if you actually are wanting custody and care for your child, you will want to have a chance and get a lawyer.

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Answered on 5/19/11, 3:13 pm


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