Legal Question in Family Law in Massachusetts
child suport & child custody
Does someone have to be physically served by a sheriff for court on child support & child custody. My lawyer sent my husband the paperwork by mail with the court date & time and he said he doesn't have to go because he was summoned by the mail & not by a sheriff
1 Answer from Attorneys
Re: child suport & child custody
"Original process" must be served by sheriff or constable (though a "process server") can do it, this is not recommended). This is the Summons and originalComplaint. Once original process is made, all subsequent notices may be sent by U.S. mail. The attorney's certificate of service is sufficient for the court.
If your husband fails to show up, the lawyer will have options. However, my own practice is to consider serving a subpoena on this type of ex -- and then asking the court to require the difficult party to pay the extra cost.
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