How long before court is he supposed to serve me papers?

Question

i just found out that i have court for joint custody on sept 16th. the only reason i found out was because my ex's stepmother told me he tried getting her to serve me papers but she refused. so i called the court and they told me court is the 16th, but i have yet to be served papers by my ex? how long before court is he required to serve them, and can he get in trouble for not serving them..will this help my case? also, he was just put on probation for not paying child support. i am praying that he does not get joint custody, and i dont think he will because of this. anyone have any insight please help me..

Answer 1

Call your local clerk of court. State that you heard through a third party that your ex is taking you to court on the 16th for custody but you havent been served any papers. Then ask how long before court he has to serve them. I believe its 10 days but the clerk can give you a truly accurate answer. If he doesnt server them make the courts aware you were NOT served the papers a few days before court. Take any documentation you have on his "support" issues with you. And try to contact an attorney for free consult. Your childs custody and lives isnt worth bad advice on Y/A. Unless someone here is fluent in your states laws your banking on a c**p shoot asking here.

Answer 2

I don't think he is suppose to serve you paper. If i am correct the court is suppose to serve you papers or a lawyer maybe even police but not your husband. You need to call the court and ask them why you have not gotten any papers. Him not paying child support does not help his case at all that will make you look better for sure. Good Luck!

Answer 3

Generally, the court serves the papers not the other party.  I would call the court back and inquire as to when/if you are supposed to get any documentation, explaining to them that you only learned of the situation through a third party.

If he is not following through with current legal arrangements, it will not look good for him in relation to obtaining custody.  Consult a lawyer-many work on a sliding scale or offer free consultations.

I wish you the best!

Answer 4

I thought the court had to serve the papers?  That's what's been happening in my case.  I guess it's different depending on which state you live in.  anyways - if he was supposed to serve the papers, then I would definitely think he'd be looked down upon in court for not doing so.  

I can't tell you what the judge is going to say - I hope for you that he doesn't get joint, but it all really depends on the judge.

Good Luck.