In child custody agreements, do the parties always have to be served formally papers?

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In child custody agreements, do the parties always have to be served formally papers?

Recently I signed a modification to my current child custody agreement. I am now petitioning the court to establish a new custody agreement. In this process, I realized I was never served the modification. Was I to be served by someone other than the petitioner (my children’s father)?

Asked on March 31, 2012 under Family Law, California

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

No you don't always have to be formally served.  You have a right to formal service, but that right can be waived if you make an appearance.  If you don't object to the lack of service at the right time, you waive it.  If you signed a modification order, that probably waived your right to service, but I'd have to look at the paperwork to be sure.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Presumedly when you signed the modification agreement you were entering in to the agreement freely.  You should have gotten a copy.  If the copy was filed with the court and "so ordered" then there should be a copy in your file.   But you may not have to have been served with it and it is true that you will need it for your present application.  Good luck.


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