Visitation/Custody Question

My friend has never been served for visitation/custody paper. Sheriff tried to serve papers to wrong address where they don’t live. My friend was told that paperwork came to the wrong address again from the clerk of court about a court date for visitation/custody. How is it possible to have a court date without being served?

In many counties court dates are scheduled at the time the lawsuit is filed.

But until the defendant is properly served with the complaint and Civil Summons, the court cannot proceed on the court date. The hearing date will keep getting continued until the defendant is properly served.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

What happens if a father has a lawyer and the lawyer is sending papers/letter certified mail to a wrong address for visitation/custody’s. How does the other party not receiving whatever it is from the fathers lawyer affect the person that doesn’t receive the letter.

For a new lawsuit, personal service is required. So even if the party being served is served by certified mail, that party has to be the one to sign for it.

If that party signs for the mail which is the new lawsuit/new court complaint, then the other side continues to serve that party at the same address, and it’s that party’s responsibility to update the court and the other side with their new address so they don’t miss important communications or court filings.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.