I need to know if I can serve my sons fathers attorney instead of him?

Business 4 views 3 answers
I need to serve my ex with papers, but he lives a bit away from me and is in the coast guard so I don't know when he's around and I haven't seen him for visitation since getting the paper to have some one serve him ill get a chance this weekend but it will be past the serving date. We also have a court date this week but he has said he wont be there his attorney will. Can I serve it to his attorney since she will be there to speak for his behalf?

Attorney Answers

3
Susan Duke ·
I cannot answer the question without more information. In many situations papers may be served upon an attorney. However, other times the party must be personally served. If you are in court and he has an attorney, you definitely will want to hire someone to represent you.
0 upvotes
Brianne Carbonaro ·
In Family Court papers must generally be served personally on the Respondent. If you are unable to serve him prior to the service date you can write the Judge and request an extension of time to serve outlining your reasons for not beaing able to serve him on time. You can ask his attorney if he will be willing to accept service on behalf of his client, however, many will not in this situation. You can also request that the Judge allow you to serve your ex by alternative means (i.e. by mail). You should contact a local family law attorney to help you.
0 upvotes
Paul Siepmann ·
You can ask to have the papers re-dated for service. At the appearance, let the Judge know the problems you've had serving him and ask if his attorney will accept service. The Judge will most likely encourage your ex's lawyer to do just that. You should put some serious thought into retaining an attorney to help you, particularly since your ex has one. This will make a HUGE difference at trial.
0 upvotes

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