Proper service of notices, motions, and answers in legal actions are an extremely important part of the legal process, and it’s critical that legal documents are served in accordance with all applicable regulations in order for them to have binding effect. Serving proper legal notice is particularly important in family law matters and child custody cases. In matters that involve family members, people may mistakenly assume that following rules associated with legal service wouldn’t be necessary because they’re dealing with a party who they know well or see regularly. However, it’s imperative that you use proper service methods in a matter concerning child custody. The best approach to serving legal notice in a child custody case is to get help from a professional process server.
You Need to Show the Court Proof of Proper Service
In order for a court to be willing to hear an action or motion, the party bringing it must demonstrate that he or she gave notice to the opposing party in compliance with statutory law in the jurisdiction where the court presides. A professional process server will produce an affidavit of service that the court will interpret as effective proof of service.
Other Family Members Should Not Be Used as Go-Betweens in a Child Custody Matter
When you try to serve a legal notice without using a professional process server, it may be necessary for the person who delivered the notice to appear in court to testify that he or she gave notice to the opposing party. It’s preferable to avoid putting anyone in the position of needing to appear in court by using a professional process server. Also, it’s possible that a court may find the testimony of an interested party such as one of your family members to be unreliable. Under no circumstances should your child’s help be enlisted to serve his or her parent with legal notice; a court will not look kindly on this mistake.
