Legal Question in Family Law in Ohio

Proof of Service in Domestic Court

I have filed a domestic complaint to establish a parent/child relationship in Ohio for my 6 month old daughter on 03 Feb 09. I received a letter from the mother's attorney on 04 Feb 09 stating that his firm represented her regarding our child. Once service was unclaimed (sent out on the 3rd of Feb) to the mother, I served her attorney and that was claimed on 17 Feb 09. Today, (27 Feb 09) I also had the clerk of courts serve the mother by regular mail to ensure good service. Her attorney, to this date has not filed notice of appearance of attorney to the court. My question is: Even though this attorney isn't the ''attorney of record'' , do I have a compelling argument that effective service was made to this attorney? Perhaps he must first file notice to the court first before he can be officially considered the party to be served on her behalf? Today, I filed a copy of his letter as an exhibit in the case to try to make the argument that he has been her attorney since the date of the letter... 02 Feb 09. My intention is to start the 28 day time limit for the defendant's answer to be filed as of the 17th (when the attorney was served) and not later when regular mail service was sent to the mother.


Asked on 2/27/09, 9:57 pm

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Proof of Service in Domestic Court

In order for your plan to be effective, her attorney would have to agree to accept service on her behalf. The 28 day response time really applies to cases were a default judgment can be entered against an non-responding party. In a case concerning custody, the court is required to act in the best interest of the child, so a failure to respond timely will not have the same effect as in a normal lawsuit.

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Answered on 2/28/09, 3:02 am


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