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-   -   Being served and someone else accepting them? (https://www.askmehelpdesk.com/showthread.php?t=558572)

  • Feb 28, 2011, 01:58 PM
    LaydeeLink
    Being served and someone else accepting them?
    About 7 months ago I was asked to move out of the house I was living in with my sons father and his mother. I was told I could not take my son with me, we had not done paternity yet or established he was the father and he is not on the BirthCertificate. I was afraid of losing my son so I left the house with him when they were not there and left a note saying after paternity (I had signed an agreement stating they could do it, CSE just hadn't contacted me for an appointment yet) if they wanted custody they could take me to court and let them decide, because as of that moment I had legal and physical custody and what they had no right to take him or attempt to take him (I even spoke to the cops about it, they said I had every right to do it). They are now telling people I left because I had been served for a custody hearing, I was not served for custody. I even had the cops come get us and give a safe ride when I left the house with my son, they never gave me papers. So my question is, would someone else serve those papers and if they did could my sons father have accepted them on my behalf? Be cause if it had I left the state a week later and I don't know anything about how to get ahold of anyone who may be involved. My sons father is also ignoring my phone calls and emails, all attempts to contact him, even to the point of changing his number so I can't even get the court info if there is any. This was in California and I left to Wyoming, which is where my son was born and lived all his life up until the month we lived with his father in California. When we moved it was only the second time his father had ever seen him.

    I am hoping someone may have an idea or experience with a situation as messed up as this. Because even after 7 months they STILL hold to the story I got served.
  • Feb 28, 2011, 02:55 PM
    AK lawyer
    Quote:

    Originally Posted by LaydeeLink View Post
    ... So my question is, would someone else serve those papers and if they did could my sons father have accepted them on my behalf? ...

    It's possible that he could have been served when you were living there. You should call the clerk of court in California to find out if anything has been filed against you.

    As far as their telling people you left because you had been served: who cares?

    If your son's father has in fact filed suit against you, and if he wants to pursue it, he will have to get you served with process in Wyoming (assuming he isn't claiming you were already served; and further assuming that he now knows where you are). It appears, if you have been in Wyoming for seven months, that if he hasn't sued you yet he would have to sue you in Wyoming.
  • Feb 28, 2011, 07:50 PM
    Fr_Chuck

    And what are you doing to serve him and get the custody issue solved ?

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