When will She be Served?


#1

Dear stepmom:

Greetings. First, you are correct that serving her is a large and important task that must take place prior to most action in the court. Some of this is outside of your attorney’s control. You must provide your attorney with the mother’s correct address and then the attorney may serve her (in North Carolina) only by Sheriff or certified mail.

Also, you may want to investigate an emergency order if she is relocating the minor child to avoid service of process. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

okay, i don’t really know how all this works. can anyone help me out here! i filed for motions of contempt & custody reversal due to all that has been going on. the service went out on the first, however, i haven’t heard anything from the lawyer that she has actually been served. i had an alarming phone call w/the child and he mentioned they are living somewhere other than where i waz told they were living… and since i don’t have an address for this new place… [green]how will she get served.? she told me 3 weeks ago after she moved 1600 miles away unexpectedly and kept me in the dark for 2 weeks before she informed me she had moved, that she had an address for me… looking back on that conversation and her need to use the omission technique, she never truly said this was the place she was living. just traditional beliefs tend to make u believe that “an address for you” and a place they were staying were the same thing.

so question is this: our court date has been set for about a month away, if she is never served, do we still go to court? if she isn’t served does that mean she is hiding? does that then mean more than custodial interference vs kidnapping?

we should be able to talk to our attorney by thursday as the first three days of the week she is in court… but was anxious and woendering if anyone had any answers.