Monday, October 1, 2012

Service of Process for Child Custody and Child Support Cases

A key component in the legal process of getting child custody or child support cases resolved through the courts is getting the other parent and/or other party properly served with the necessary petition, motion or other legal documents.  However, sometimes the party wishing to take legal action cannot locate the other party.  Regardless, the other party still needs to be legally put on notice.

The most common form of service is having the other party served through the sheriff, civil process server or other form of personal service.  However, if the other party cannot be located, there is another option.  This method known as "service by publication."  It basically involves getting permission from the applicable court to place notice of your legal action in specified newspaper for a certain period of time, after which the other party is considered properly served and on notice. 

As such, if you have a child custody and/ or child support case that needs to be established or changed, and you can't locate the other parent and/or party, all hope is not lost.