serving a summons

[wtk8j]

What is the name of your state?Ky
I know child custody would be a more appropriate forum ,but i am not getting an answer there.So,my husbands attorney is filing a motion for modification of custody,he says our only prob is getting mom served so my question is if they can not find her to serve hewr what will happen and secondly how long will they try to serve her with no avail?

 

[racer72]

Does your husband see her during visitation periods? If so, have him serve her. Unless someone is a hermit and doesn't want to be found, finding folks isn't really all that hard. Sounds like the attorney is afraid of a bit of footwork.

 

[wtk8j]

Does your husband see her during visitation periods? If so, have him serve her. Unless someone is a hermit and doesn't want to be found, finding folks isn't really all that hard. Sounds like the attorney is afraid of a bit of footwork.

Sd is in foster care ,she was taken from mom about 6 months ago,thats what started all this. Moms visits are after ours but she hasnt shown up in 6 weeks.Mom moves around often and has yet to provide an accurate address for cps . We have to get the co ammended before they will release her to us ,they are using a sibling she has by mom as an excuse tohold her,it is complicated but it boils down to the cps worker wants to be in a position were he can place the brother with us as well and right now he cant so he wont place her either ,if we get her served and get the modification then he has to.

 

[HomeGuru]

Talk to the attorney about service via publication.

 

[JETX]

I know child custody would be a more appropriate forum ,but i am not getting an answer there.So,my husbands attorney is filing a motion for modification of custody,he says our only prob is getting mom served so my question is if they can not find her to serve hewr what will happen and secondly how long will they try to serve her with no avail?

And now for a CORRECT answer:
Unless you KNOW that the person is no longer in Kentucky, the KY Rules of Civil Procedure:
Rule 4.04. Personal service - Summons and initiating document.
(1) The summons and complaint (or other initiating document) shall be served together. The initiating party shall furnish the person making service with such copies as may be necessary.
(2) Service shall be made upon an individual within this Commonwealth; other than an unmarried infant or person of unsound mind, by delivering a copy of the summons and of the complaint (or other initiating document) to him personally or, if acceptance is refused by offering personal delivery to such person, or by delivering a copy of the summons and of the complaint (or other initiating document) to an agent authorized by appointment or by law to receive service of process for such an individual.

Or
(8) Service may be made upon an individual out of this state, other than an unmarried infant, a person of unsound mind or a prisoner, either by certified mail in the manner prescribed in Rule 4.01 (1) (a) or by personal delivery of a copy of the summons and of the complaint (or other initiating document) by a person over 18 years of age. Proof of service shall be made either by the return receipt mentioned in Rule 4.01 (1) (a) or by affidavit of the person making such service, upon or appended to the summons, stating the time and place of service and the fact that the individual served was personally known to him. Such service without an appearance shall not authorize a personal judgment, but for all other purposes the individual summoned shall be before the courts as in other cases of personal service.
http://www.louisvillelaw.com/civil_rules/cr4.htm

Your state (Kentucky) does not appear to provide for service by publication.

However, since this is a motion to an existing order, the motion can be served on her attorney of record.

 

[wtk8j]

So she must be served by a process server or individual or the sheriffs dept.Please correct me if i am misunderstanding the leagal wording,but if she can not be located will they still move forward with the court date or does she have to be served before they can do so?She has no attorney and according to the cps worker she had to be appointed one(we have been told he can not represent her in the modification case)in there district case against her. could we have the summons sent to the court appointed attorney in the district case?If I understan you correctly they could serve the attorney she had during the divorce proceedings?I checked out an dread through the information on it,consructive service was a term i seen could you explain this in lamens terms mor eeasy to understan d.Sorry i am just not sure if i understand the meaning of this.