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My daughter’s son’s father filed for custody back in

My daughter’s son’s father...

My daughter’s son’s father filed for custody back in November. He had the 2 summons sent to 2 different addresses neither was her place of residence or employment. The one with his name on it was sent to his mother’s and the one with my daughter’s name was sent to his place of employment. They live together by the way. Court is tomorrow and he just told her this morning. Is this legal and what is the next step?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

He filed the custody suit on his own

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so

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Answered in 3 minutes by:
3/7/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

No, that's not legal. She can ask the judge to dismiss the case for lack of service of process. He needed to have her personally served by a third party. Sending it to his mother's house, where he knows she doesn't live or his place of employment, where he knows she doesn't work, isn't appropriate service.

She does run the risk, if she doesn't show up, that he will lie, claim she was served, and get a default order against her. So it's important for her to go to court if remotely possible for her to make it. She can explain to the judge that she has never seen the paperwork, was not served, and ask him to continue or dismiss the case. It might also help to get there early so she can request a copy of the papers from the clerk of the court, again, if she can.

If she can't possibly get there, she'll be able to file a Motion to Vacate Default. But any court order he gets will technically be enforceable from the moment he gets it until it's vacated (which can take a couple of weeks), so she may not want to be home where he can her a copy of it. Having actual notice of the hearing makes it harder to get a default vacated, even when he broke the law by not serving her properly.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 5 months ago
I had my daughter called court and the clerk told her that he did have the summons delivered to their residence but he signed for hers and then he took it to work and never gave it to her. So does your response still apply since she was never informed?

Yes. He deliberately prevented her from being aware that she was served. If he weren't a party, it would be different. But since he's suing her, hiding service is not valid. She could ask the judge to dismiss the case outright because of his behavior.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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Customer reply replied 5 months ago
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