Legal Question in Family Law in New York
I am going to court to get custody of my son. He is a 21 months old and he lives with me. He has since birth. My question is i couldn't get anyone to serve the father with court papers and court is this week will this mess up my chances of getting custody? whta might i exspect at my first appearence at court if the father is not there because he doesnt know to be there?
1 Answer from Attorneys
You should get an attorney to assist you on this case. The court should have served him with the petition. Go to court on the date required and state that you could not get a disinterested third party to serve the papers and you need more time, they will give you an adjournment. If they attempt to dismiss: first, you can always refile without prejudice; second, tell the court that this does not prejudice the respondent in anyway since they don't have notice to be there and they will now get notice.
If you need further assistance you can contact my office at 516-746-4747 or [email protected].
Joel R. Salinger
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