When Papers Are Served for Custody Hearing and Mother Is in Rehab?

Question by supak464: When papers are served for custody hearing and mother is in rehab?
What happens? We filed last week for child custody and they were to serve papers on saturday but we decided to wait now until tuesday because we couldnt get her [ to prevent her from having to go through anything]… we are set to pick her up early form school and papers served tuesday. Daughter says that mother is leaving tuesday for rehab.. if the papers are served, and she isnt there….. what will happen? mother assumes that child is going to stay with now ex-boyfriend.. mother is addicted to meth…. a reminder to all that drugs give you no sense!

Best answer:

Answer by i AM smiling!
If she can’t be served at home, you’ll have to ajourn or serve her at rehab…

Answer by Maverick
I would suggest not waiting until Tuesday. Serve her before then. Any process server or licensed investigator can do the job. If Tuesday is your only option, there are always other methods of service that are just as legally binding. You can even have her served leaving her house to go to the rehab facility or on her way in. Other viable methods are “substituted service”, or “service by mail” among others. It IS possible to serve her in rehab but I’m not sure I’d suggest that. If she can receive mail or visitors in rehab then I’d say go ahead and do it that way once she has past the detox period (min of 48 hours – you wouldn’t want some sleazy attorney claiming she may have still been “high” and incapable of understanding the order) . A visitor can do an in-person service and a service by mail is just as valid (just make sure it’s certified return receipt requested or mailed directly by the court which is the best option to cover your legal behind)…just keep in mind that the stress may not be the best thing for her as far as her rehab goes…or it may be the best thing for her depending on how you see it, it may be a wake-up call for her and help teach her how to deal with stress WITHOUT resorting to drugs. At least in rehab she would have counselors available to help her through it. Either way I would cover all your bases and be sure to attempt all levels of service first (in person, substituted, posting (accompanied by a mailing), service at the rehab via both methods except posting, etc.) just make sure you cross your “t’s” and dot your “i’s” legally so the service isn’t thrown out. As much as you are admirably wishing to avoid putting the mother through any unnecessary stress keep in mind, the real focus in the case must be the welfare of the child and sometimes it takes a harsh wake-up call to get through to the mother. I wish you, the mother and the child all the best of luck! Hang in there.

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