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Is it too late to serve him?

Houston, TX |

I wanted to know if its too late to serve the father of my child. I hadn't had him served by the time I went to court. The judge set a trial on merits in 2 months b/c he wasn't served.. Can I still have him served if I know where he is now? Going through a divorce in which my husband is not my daughters dad. If it is too late......what will the judge likely rule in a case like this?

Attorney Answers 3

Posted

Yes, you can still serve him and should do so immediately. It is not too late. You should also retain counsel to help you sort through the paternity issues and the possibilities for getting your case resolved.

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Posted

In general, you should serve the other side as soon as you can. I don't understand what happened in your case - why would a Judge set a trial when a party was not served? Do you mean the divorce trial was set, and it was agreed that your husband was not the father? And I can't tell what issue you're wondering how the Judge will rule on.

This information is not legal advice and does not form an attorney-client relationship.

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7 comments

Asker

Posted

We had a date when we went before the judge. I told her that my childs father had not been served yet. she said she wld give us 3 more weeks to get him served. I couldn't find him. We received a letter w/ another court date stating "trial on merits" scheduled in September. I now know where he is and can have him served but was wondering if it was too late.

Asker

Posted

Its agreed that my husband is not the father but we were wondering how the judge will rule if he wasn't served.

Brian Douglas Walters

Brian Douglas Walters

Posted

Serve the father immediately. But I don't see what your baby's father has to do with your Divorce. You should have a separate case against the baby's father for child support, etc.

Asker

Posted

Thank You! Just didn't know if their was a certain "time frame" when having the other party served. This a case where my daughter was born during the marriage but not of the marriage and in order to get a divorce my daughters father had to be served w/ our divorce papers..

Brian Douglas Walters

Brian Douglas Walters

Posted

I agree to Fran, you need a lawyer or else things are going to end up badly for you. You can find a good one in Houston I am sure.

James D. Roark

James D. Roark

Posted

In Harris County, a trial date also serves as a DWOP date, i.e, they will dismiss it if no one has been served or nothing is being done on the case.

Asker

Posted

Thank you Mr. Roark!

Posted

If you don't have an attorney representing you, you need to hire one tomorrow!

It is obvious that you desperately need legal representation.

Please hire an attorney.

Look on this website & hire someone.

Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

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