being served

[wtk8j]

What is the name of your state? Ky

This is in reference to my post sd in foster care.My husbands attorney has the paper work ready for modification of custody he says our only problem may be getting mom served.(she is hard to locate,never stays put).My question is if she can not be served what will happen next and how long will they look for her to serve her?

 

[rmet4nzkx]

It is really best to update on the same thread if it is open so the whole story makes sense.
https://forum.freeadvice.com/showthread.php?t=292745

 

[wtk8j]

Sorry, did it this way because people seemed to lose interest in the very original thread long ago. To recap and make a long story short,Mom lost sd to cps ,reasons being she left her alone,abuse in the home including the use of knives,unsanitary living conditions ,poor medical care among many other things.She has failed to be complient w/ cps and this has went on for 6 months.My husband is filing a motion to modify custody ,so he may obtain sole custody.We want to know what will happen if she can not be served and how long will they try to serve her?

 

[rmet4nzkx]

These are questions your husband's attorney can answer.

 

[wtk8j]

These are questions your husband's attorney can answer.

Unfortunatly he didnt answer them only stated we may have trouble servibg her.We have tried to contact him since wed. but he is very busy and apparently has been unable to return our calls.

 

[acmb05]

get a new attorney if you can

then read the laws for you state for serving them. Some states say three attempts on 3 consecutive days then by open ad in paper.

 

[wtk8j]

then read the laws for you state for serving them. Some states say three attempts on 3 consecutive days then by open ad in paper.

ThANKYOU! Do you happen to know what site i could find these laws on i have been searching but cant find anything relevent>Again thankyou!

 

[acmb05]

try here

http://www.serve-now.com/resources/process-serving-laws/Kentucky/#1

It seems that your lawyer can have them sent to her last known address via return receipt requested. If it is sent back as undeliverable then Kentucky also says you can serve thru the newspaper in an open ad. They are pretty specific usually on when and how you can use this way.

You can also have them sent to her parents home. As long as someone signs that little green slip that the postmans asks them to sign she is considered as being served.

 

[rmet4nzkx]

then read the laws for you state for serving them. Some states say three attempts on 3 consecutive days then by open ad in paper.

Please read the posts and focus on the questions. Please don't answer quesitons if you don't know the answer. OP is in KY, it doesn't matter what some states allow, it matters what KY, Rules of court, local rules of court and this judge say about service, without very detailed information we cannot answer that question, but their attorney can, they just need to have patience and ask the question not go get a different attorney. It was a holiday last week, many legal offices were closed along with the courts for 2 days so most attorney offices would have been busy.

Please, don't get so hysterical and respond without thinking first.

 

[acmb05]

where in that response

Please read the posts and focus on the questions. Please don't answer quesitons if you don't know the answer. OP is in KY, it doesn't matter what some states allow, it matters what KY, Rules of court, local rules of court and this judge say about service, without very detailed information we cannot answer that question, but their attorney can, they just need to have patience and ask the question not go get a different attorney. It was a holiday last week, many legal offices were closed along with the courts for 2 days so most attorney offices would have been busy.

Please, don't get so hysterical and respond without thinking first.

I know OP is in Kentucky which is why I posted the link for Kentucky.

As far as my comment about the attorney thats my opinion. If I called my attorney and did not get a call back in 48 hours he would be gone. If they are so busy that they cannot even return a clients phone call in a reasonable amount of time then they should have fewer clients at any given time.

This post was submitted today and he referred to trying to contact the attorney since this past Wed. So please advise me on what Holiday you are referring to that took place this week that caused the offices to be closed. If you are refering to last week for Thanksgiving what would that have to do with this week.

Like I said its my personal opinion but if my lawyer could not find the time in his busy day to return my phone call I would find a new lawyer. After all thats what I am paying him for to represent me.

 

[acmb05]

and on the first post

I advised him to read the law for his state and gave the other answer as a reference only on what could be ways to seve people. I in no way gave him any legal advice in that answer. so this could also be directed towards you.

Please, don't get so hysterical and respond without thinking first.

another perfect example of someone skimming a post and not really reading it before commenting.

 

[rmet4nzkx]

I know OP is in Kentucky which is why I posted the link for Kentucky.

As far as my comment about the attorney thats my opinion. If I called my attorney and did not get a call back in 48 hours he would be gone. If they are so busy that they cannot even return a clients phone call in a reasonable amount of time then they should have fewer clients at any given time.

This post was submitted today and he referred to trying to contact the attorney since this past Wed. So please advise me on what Holiday you are referring to that took place this week that caused the offices to be closed. If you are refering to last week for Thanksgiving what would that have to do with this week.

Like I said its my personal opinion but if my lawyer could not find the time in his busy day to return my phone call I would find a new lawyer. After all thats what I am paying him for to represent me.

This is a forum for legal issues not a rant/vent/support site, your personal opinion has no place here. You got divorced and didn't even bother to file for visitation and now your child is 16 you came here asking about how to get visitation, those are your qualifications.

If OP's papers require personal service that must be attempted first and then a court may or not order another type of service, it may vary from court to court and by case type, that is why they need to speak with their attorney. The Thanksgiving holiday commonly results in back up the week following in the courts and legal offices, a few days delay in an answer won't change anything, afterall you waited 16 years.

 

[acmb05]

This is a forum for legal issues not a rant/vent/support site, your personal opinion has no place here. You got divorced and didn't even bother to file for visitation and now your child is 16 you came here asking about how to get visitation, those are your qualifications.

If OP's papers require personal service that must be attempted first and then a court may or not order another type of service, it may vary from court to court and by case type, that is why they need to speak with their attorney. The Thanksgiving holiday commonly results in back up the week following in the courts and legal offices, a few days delay in an answer won't change anything, afterall you waited 16 years.

who the hell is ranting? I posted the link to the kentucky laws website for serving papers.

So I see you SKIMMED over my post also. I did not wait 16 years I looked for her for 12 then have been going thru court for 4. That is not waiting that is acting.

Idiots like you who think they know everything and presume to tell others what they are thinking and saying are the reason people get frustrated on the boards sometimes.

Did you see anywhere in my post where I said he COULD serve her thru the paper and not try any other means. No, I did not state that.

Btw in some cases a few days can make all the difference in the world. So next time the courts ask you a question just tell the judge you will let him know in a few days cause it dont really matter if he gets his answer today or not.(sarcasm)

 

[wtk8j]

Well,ok then.really everyone thanks for trying to help .The issue was not how to serve her we know the first attempts will be done by the sheriffs dept. it is what happens if they cant serve her,do we have to wait for her tobe officially served before moving forward in court? Waiting on a return call can be aggrivating especially when an attorney is payed 1000.00 retainer and 125 an hour.

 

[rmet4nzkx]

Well,ok then.really everyone thanks for trying to help .The issue was not how to serve her we know the first attempts will be done by the sheriffs dept. it is what happens if they cant serve her,do we have to wait for her tobe officially served before moving forward in court? Waiting on a return call can be aggrivating especially when an attorney is payed 1000.00 retainer and 125 an hour.

I'm sorry for your frustration, but you will have to be patient, the wheels of justice turn slowly and sometimes we have posters who think they know more than they do, this is why I asked you to keep it on one thread to keep the facts and advice all in one place. Several attorney's have given you the correct answers. amb05 is not an attorney.