QUESTION
Can I file for full custody for my son without serving the father the paper work??
Asked on Feb 26th, 2013 on Child Custody - Arizona
More details to this question:
My son's father was sentenced to 49 years of jail 11 years ago. Can I get a court to give me full custody with out serving my son's father paperwork in jail?
13 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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No, he must be given his due process rights. It should not be a difficult matter to serve him in jail.
Answered on Feb 28th, 2013 at 4:09 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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No. Serve him. You already have de fact custody.
Answered on Feb 27th, 2013 at 9:25 PM
Divorce & Separation Attorney serving Jackson, MS
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Springer Law Office PLLC
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Probably not. The Rules of Civil Procedure allow for serving defendants in prison. Just being sentenced to prison is not usually enough to cause one to lose parental rights. Most any jurisdiction will require the husband be properly served.
Answered on Feb 27th, 2013 at 8:19 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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No. Due process of law is the foundation of the American legal system. Due process of law is very simple: you got be told about it and given an opportunity to tell your side of the story.
Answered on Feb 27th, 2013 at 8:02 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He has to be served. Contact the jail re. how to serve him. If he's in jail, you de fact have full custody.
Answered on Feb 27th, 2013 at 7:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would not think so, however I would also be of the preliminary opinion that whether or not you serve him is going to be irrelevant to the ultimate disposition of your motion for full custody.
Answered on Feb 27th, 2013 at 7:30 PM
Carolyn Roschelle Jones
What do you mean by full custody? Was custody previously decided? If not the mother is considered the natural guardian of the child and with the father in jail there's no one to challenge this.
Answered on Feb 27th, 2013 at 7:29 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Basically, no you can't file any kind lawsuit without serving the other party. Your very abbreviated details suggests that you were never married to the father and that there has never been any kind of court order establishing parental rights and responsibilities (i.e. custody). If that is true, you ought to consult an attorney in person where you live to find out if there is any real need for you to do anything because you probably already have all the legal authority you need.
Answered on Feb 27th, 2013 at 7:25 PM
John Arthur Smitten
You have to serve him.
Answered on Feb 27th, 2013 at 7:24 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You must serve him, but there is little he can do to interfere with you getting custody since he clearly can't care for the child.
Answered on Feb 27th, 2013 at 7:21 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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This is an easy one. In Ohio (all states I'm sure) you must serve the father notice.
Answered on Feb 27th, 2013 at 7:21 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No.
Answered on Feb 27th, 2013 at 7:19 PM
He must be served in order for you to take court action. If you were not married to him and there are no court orders, then the law already presumes that you have custody. If there are court orders for joint custody that you want to modify to sole custody, it seems that his lengthy incarceration would be grounds to do this.
Answered on Feb 27th, 2013 at 7:18 PM