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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7113
Experience:  Experienced Family Law Attorney
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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: 7 months ago.
Category: Family Law
Expert:  LegalGems replied 7 months 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.

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