Legal Question in Family Law in Ohio
For a custody case if they serve you and any part of the address is wrong is it considered properly served? Can this be dismissed or can I file for a dismissal for lack of due process?
1 Answer from Attorneys
In Ohio, the question will be whether or not you received the papers in accordance with Civ. R. 4. If the address is wrong and you never got the papers via that mailing or by any other means, then you would have a strong argument that the Court does not have personal jurisdiction over you. But if a process server says that he served them on you, or if you received them at some other address, then you may be out of luck.
As a matter of procedure, if you wish to contest the matter, you can go to the Court and file a suggestion of lack of service of process, but you and your attorney should make clear in your filing that you are making a special appearance to contest service of process only and not address any other substantive matters.