How do I Serve the Other Party in a Family Law Case?

You have several possible ways you can have the other party(s) served in a family law case.  However, it can depend upon the jurisdiction as to whether certain methods of service are allowed.  For instance, some types of cases (usually an initial filing that starts a case for the first time), personal service of the other party (or their attorney if they have one) is requires.  Below are some of the options for service of process in a child custody, child visitation, child support or other family law case. 

·        Option #1:  Have the court clerk arrange for service:  Some courts (not all!) will arrange to have the documents served for you.  Just ask the clerk if they do that.  They will charge a service fee.  It is highly recommended that you have them do it if they provide that service!

·        Option #2:  By the Sheriff:  Contact the County Sheriff in the county where the other party needs to be served (i.e. where they live or work) and let them know that you need to have legal documents served on a party.  Take or send your family law legal documents to the local Sheriff’s office. They will charge a small fee for serving the documents for you. Ask them if they can file the proof of service with the court for you.

·        Option #3:  By a professional legal process server:  Look in the local yellow pages or on the Internet under “Legal Process Server” or “Process Servers” in your area.  They will charge a small fee.  Ask them if they can file the proof of service with the court for you.

·        Option #4:  Certified Mail.  Send one copy to the other party(s) to the action (or the other party’s attorney if they have one) via certified mail, return receipt requested.

What is Mediation?

Mediation is a process (mandatory in some jurisdictions) that provides parents an opportunity to discuss and resolve issues relating to the best interest of their children.  It is generally a confidential process conducted by trained Court Mediators who assist the parents by facilitating cooperative communication focusing on the best interest of their children and a mutually agreeable resolution.  Child Custody Mediation may be available to you to work out your disagreements regarding child custody and/or visitation.  In many jurisdictions, the family courts will provide child custody mediation through some type of family court services department or conciliation court.  Depending on the jurisdiction, the services may be free or charge a fee.

In a child custody mediation setting, a trained neutral person called a "mediator" will typically facilitate the communication between the parties with the intent of helping the parties successfully discuss and work out their child custody and visitation disagreements.

Many states require parents to attend mediation as a first attempt to work out their disagreements regarding child custody and/or visitation before the family court will issue orders in a litigated hearing.  If the mediation is not successful in resolving the issues, the matter will go before a judge or hearing officer who will make the final decision regarding child custody, visitation or support.

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Affordable California Child Custody, Child Support & Visitation Help

The cost of family law legal help in California can be very expensive.  Due to the high cost of living, child custody and support legal services are often too much for many people.  However, when it comes to child custody, visitation and child support issues, parents need to take action.

Whether it's a case of father's rights, wherein the father needs to establish or enforce child visitation, or a mother who needs to modify child support, affordable legal help is now more available than ever before.  However, in selecting legal help, parents should make sure that the services they retain are owned and operated by licensed attorneys.  That is the best way to ensure that you get quality California legal help, and avoid being scammed by companies that claim to provide legal help without attorneys fees, etc.

You shouldn't trust the most important part of your life, your children, to anyone who doesn't have the legal education, experience and required law license, to know the ins and outs of the legal system and what would be best for your situation.

CLICK HERE for Child Custody, Visitation and Child Support Help.

Child Support Enforcement

When it comes to child support enforcement, many parents don't know where to turn. All states have child support services that may assist with collecting back child support. However, this bureaucratic process can often take several months or years, and often with no success.

Another option available to the custodial parent who receives child support is to go through the courts. Rather than waiting for the child support agency to take action, a parent can be proactive by petitioning the court to enforce the order and hold the obligor parent (the one who has been ordered to pay child support) in contempt for violation of the child support order. This process is generally much faster and more effective.

Often, the parent who is not receiving the child support may be having financial difficulties limiting his or her ability to get legal help from an attorney, which can cost thousands of dollars. Fortunately, there are alternatives. One can do-it-yourself, however this may be difficult for many.

Another affordable alternative is to use a legal document preparation company. Fair warning: only use a company that is owned and operated by attorneys. If the company is not owned and operated by attorneys, they may be committing the unauthorized practice of law. In addition, you will not be getting the quality of service for which you think you are paying for your child support help.

I Don't Get to See My Child, What Do I Do?

The most common child custody question we get asked at The Attorney Connection's Child Custody Center is "What do I do?" All too often, it is in the context of a parent (usually fathers), who tell us how the other parent is unreasonable and is not letting him/her see their child for no reason at all. Unfortunately, they let this situation go on for way too long.

What to do? Take action. It's a lot simpler than most people think. If you don't have a child custody order in place, you need to petition the court to get one established. What a court order does is protect your parental rights and giving you recourse if the other parent does not comply. If you have an existing child custody and visitation order or parenting plan in place, you probably need to file a Motion for Contempt/Petition to Enforce, or similar motion depending on the jurisdiction. Bottom line, nothing will change with your child custody situation unless you takes steps to initiate change.

To hire a typical law firm to help you with this generally costs thousands of dollars. The Attorney Connection provides you with the professional legal help you need for a low flat fee and saves you thousands! CLICK HERE to find out more about getting help with your child custody and/or support case.