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Can a clerk of court send you paperwork about a father getting sole physical custody of your child when you already have it.
Anonymous2 views2 answers
I received certified mail from the clerk of court. All it had was a lawyers signature and the clerks stamp, but does not have anywhere on it about a judge or even a court date and says I have 30 days to reply. I have an open case in Georgia. It was sent from Alabama. I have already sent paperwork to be served to the father but this clerk is telling me he cant take it to the judge because it was sent from my home address and not a sheriff department.
There are too few facts to properly evaluate your circumstances, and it is too complex to address on this forum. We are not privy to what you were sent, and it appears you have two cases pending in two different States. If you have an attorney for your Georgia case, advise him or her of what you have received and begin developing a strategy going forward. If you do not have counsel, I highly recommend you retain one, because it appears the child's father has an attorney. You do not want to prejudice your case and put yourself at a legal disadvantage, especially in a child custody proceeding.
I'm reading the tea leaves here, so I may be wrong.
You received something certified mail. It says you have 30 days to reply. It has an attorney's signature. It has the Clerk's stamp.
Did you sign for it? If it was sent Restricted Delivery (meaning you were the only one who could sign for it), I think you have been served. One document should say 'Summons' and be the one that gives you 30 days to respond. The other should say 'Complaint' and state what the case is about. If that is what you have in your hand, the case has started. You need an attorney.
You say you are in Georgia, so I can't say where the case SHOULD be. You seem to be trying to make it in Georgia. The other party seems to want it in Alabama. If you have been served (as I suspect) and there is some connection between you, the marriage (I think its a marriage), and Alabama, I suspect the case is now in Alabama. Your attorney will be able to advise you when you give him/her all of the details. Obviously, we are missing some details that could make lots of difference.
David
