Legal Question in Family Law in Pennsylvania

I currently reside in Ohio, and my ex husband lives in Pennsylvania. My son lives with his dad, after I was denied my request for Nathan to relocate with me in 2009. Since then, things have escalated in regards to my ex's treatment toward my son by means of neglect, and emotional abuse. My ex has also completely disregarded our shared legal custody status. With all of this in mind, I have filed for a modification of custody. The information with the conference date was mailed via certified mail to my ex. He has acknowledged receipt of the paper stating attempted delivery, and has been inquiring the nature of the mail. This makes me wonder if he will refuse to pick it up, and I have been advised by family to not provide him information regarding the letter. What will happen if he refuses the letter, and fails to appear on the date of the conference? I have saved the messages where he acknowledged receiving the paper informing him that he has certified mail awaiting pick up. I have also scheduled a second delivery attempt for today to show two attempted deliveries. I don't really have anyone who can serve him the paperwork, and I am unsure of the cost to have a sheriff serve the papers. We are also under the assumption that he has been living with his girlfriend this summer, and her address is unknown. If it helps at all, Bucks County has jurisdiction.


Asked on 7/18/17, 6:44 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

For starters, it's the state rules of civil procedure. Since this is not original service that is the initial filing mail by first class mail will satisfy the service rules. However, the judge might not be satisfied. You need to send it both first class and certified mail. Under the rules, if he REFUSES the certified mail but the first class letter isn't returned then under the rules you have good service.

Does he have an attorney of record? You can find out from the prothonotary. If he does then you can just serve his attorney.

{John}

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Answered on 7/18/17, 7:33 am


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