Family Law Questions? Ask a Family Lawyer Online.
HelloThis is Samuel and I will discuss this and provide you information in this regard.You can file in the county where your son lives now. You can go to the clerk of the court and request the forms to file.
If she is not cooperating with the parent plan, you can explain to the court that she is just not acting in the best interest of your son. You also can seek sole custody, if you feel you can provide the better environment for your son.
Yes. You can file it. You need to have someone serve the attorney. You cannot serve it yourself. It must be done by someone not a party to the proceeding.
And they have to be willing to file the Proof of Service with the court. So maybe if you have a friend or relative who can go to court with you and they are at least 18 years old, they can serve it and then file the Proof of Service.
You can file and then a separate hearing will be on the docket. She will have a chance to oppose it in writing and then a hearing set in.You can tell the attorney and the court that you have filed for shared custody. You can show them the papers. If the attorney says they will accept service then and there, I suggest you still have it mailed and the proof of service filed when it is mailed and received.
As I said, once the attorney is properly served via the mail, even if you hand it to him, they have 30 days to file a written response.
At the upcoming hearing, you can tell the judge you filed for shared custody that day, an hour ago or whenever