How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8948
Experience:  Experienced Family Law Attorney
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I am bringing my ex wife back to court because my daughter

Customer Question

I am bringing my ex wife back to court because my daughter has had lice 8 times in 2 years and I am the one always taking care of it and it seems as soon as she goes back with in a month she has it again. She had missed 28 days last year of school and it is close to that now her mother does not make her go to school. I can never get hold of her by phone either she shuts it off or does not have the money for it. The thing is that I served her the papers and she says that I can't it is not legal so she won't be coming to court? So is that true so should I go back to court and get a new docket and serve her again?
Ex-Husband in NY.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I am sorry to hear this.

Fortunately, for child custody cases, the court will look to the best interests of the child in determining which parent should have custody.

The court puts great emphasis on both personal hygiene and school attendance.

School attendance is mandatory:

However, a medical reason is considered an excused absence; but if the home environment is such that the child is suffering from recurring medical conditions due to non hygenic surroundings, that would be a factor for the court to consider during the evaluation.

The court papers must be served by a third party- a parent cannot serve another parent. The server must be at least 18 years old, and personal service is required.

Information here:

affidavit here:

So if service was defective, it can be redone without getting a new docket number; many will hire a professional server to avoid any errors.

Thank you for using Just Answer.
I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly
-Rate Positively-
This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.

Thank you and take care!