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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111464
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I FILED A REGISTRATION OF FOREIGN BIRTH AND MODIFICATION OF

Customer Question

HI, I FILED A REGISTRATION OF FOREIGN BIRTH AND MODIFICATION OF CUSTODY AND VISITATION RIGHTS CASE WITH A CIVIL COURT IN HOUSTON TEXAS ON OCTOBER 12 2016. I GAVE MY ADDRESS OF WHERE I WAS STAYING IN HOUSTON AND MY FOREIGN ADDRESS, AND DO NOT KNOW WHETHER THE RESPONDENT HAS BEEN SERVED. I AM WORKING ABROAD IN NIGERIA AND WANT THE COURT TO POSTPONE SERVING THE RESPONDENT THE CASE AND THAT ALL PROCESSES SHOULD BE SUSPENDED TILL I RETURN TO THE US. WHAT DO I DO?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: i work abroad in Nigeria West Africa but i filed the case in Houston Texas
JA: Has anything been filed or reported?
Customer: Like I said, I filed the case in Houston Texas on October 12 2016. I have no notice whether anything has been reported or not
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know how I can contact the Civil court to tell them to do nothing on the case till I return to the US? And this may take time... as I work in Nigeria
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Service of the petition for custody and visitation would be responsibility of the petitioner to arrange. If you paid the court clerk to have the sheriff serve the petition, then you need to file a VOLUNTARY withdrawal of your petition without prejudice, meaning you can later refile when you get back to the US. The withdrawal of your petition is the only way to really get a delay of more than 30-60 days. Withdrawal without prejudice is something that will allow you to file it again later when you return and next time you file you need to make sure you will be around in the US to pursue your complaint and give yourself enough time to do that.