How to serve a summons for child custody to an out of state parent? - Mothering Forums

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#1 of 6 Old 05-27-2010, 03:41 AM - Thread Starter
 
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I have been searching this for an hour and I can not find the answer. Anything I find says there are certain rules but don't actually list the rules. So anyone know? Thanks!
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#2 of 6 Old 05-27-2010, 07:47 AM
 
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The rules depend on the state (perhaps even county) that has jurisdiction. Courts usually have websites nowadays that contain those rules somewhere. Have you tried there?
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#3 of 6 Old 05-27-2010, 11:21 AM - Thread Starter
 
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Yeah I have, still nothing. Only thing I've found is we can't serve the other, someone not party to it has to serve the other parent.
This was late last night I was looking, we decided to talk to a lawyer.
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#4 of 6 Old 05-27-2010, 11:25 AM
 
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Has to be someone over the age of 18 personally serve. Not you. Maybe hire someone to do it if you don't know anyone in the other state.
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#5 of 6 Old 05-27-2010, 12:07 PM
 
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I would probably hire a process server (who is aware of the rules of the jurisdiction). They are not as expensive as you might think.

ProtoLawyer (the now-actual lawyer, this isn't legal advice,  please don't take legal advice from some anonymous yahoo on the Internet)
Spouse (the political geek) * Stepdaughter (the artist) * and introducing...the Baby (um, he's a baby? He likes shiny things).
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#6 of 6 Old 05-27-2010, 01:49 PM
 
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I've used a process server several times and they are well worth the cost (local service was about $80.) The ones I dealt with made 3 or 4 attempts at service over the course of a week, and wrote out an affidavit when XH evaded them, which I took back to court and got an order for substituted service (this order made it so anyone who lived at his last known/parents address could be served? Then I paid them again to serve the order to XH's brother.

~Teresa, raising DS (Jan. 02) and DD1 (Jun. 04) and DD2 (Dec. 11) with DH.

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