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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26108
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I recently filed and served my husband w/ an order of protestion and family offense s

Customer Question

I recently filed and served my husband w/ an order of protestion and family offense summons; the custody petition I filed wasn't copied nor was another affidavit for being served given to me by court staff (and I am ignorant to the processes of all this) so what now happens w/ the custody petition? Do I have to resubmit another one or just request another affidavit for my husband to be served? Our court appearance was 6/28/10 and next is 7/22/10. ty
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.

Usually, the court clerk has the sheriff's office serve the papers on the defendant (your husband).

 

You should check with the clerk to see if this was done, and if not, you'll need the clerk to re-issue the paperwork so you can have him properly served.

Customer: replied 4 years ago.
They no longer provide this service in NYS. And the Custody petition was the only one he didn't receive. So I just have to ask the clerk to re-issue the paperwork with an affidavit -THIS TIME- and I can then serve him correct?
Expert:  Roger replied 4 years ago.
That's right. You should not have to re-file the paperwork, just re-issue it and get him served.
Customer: replied 4 years ago.
Forgive my ignorance- I go to the court and ask at the Petitions desk for the custody paper-work be re-issued, then wait for the copies and affidavit? without having to see the judge again?
Expert:  Roger replied 4 years ago.
Yes. If the paperwork has already been submitted and you've already seen the judge, all you need is them to re-issue a certified copy of the paperwork so he can be served.
Customer: replied 4 years ago.
ty- one more question. do you advise I hire legal representation in these matters or do you think a lay person like myself can successfully attain my personal goals for myself and small child?
Expert:  Roger replied 4 years ago.
I would never advise against hiring an attorney as you're always better off having someone that knows exactly what to do on your side. That being said, you can give this a go on your own, and if it feels a little overwhelmed, you can get an attorney later.
Customer: replied 4 years ago.
reason I ask is that now I am supporting myself and son all by myself now and would have to borrow the attorney fees from my mom and then continue on my own. I am counting my pennies day-t-day here!
Expert:  Roger replied 4 years ago.

Understood. Like I said, you can try this on your own and see if you can get it done. Also, you could contact a local legal aid society in your area to see if they could provide free or discounted help.

 

You can google "legal aid" for your city and find several programs.

Customer: replied 4 years ago.
ty when i get some extra cash I will definitely sign up for the unlimited monthly service provided here ty again
Expert:  Roger replied 4 years ago.
Great. Glad to help.

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