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My fiancee filed for a change of venue in a custody. The ex contested this but improperly served response. Must he respond?

San Francisco, CA |

He has primary custody of their two girls. He filed because his children live, and go to school in, a different county from the old venue. She had her name on the outside of the envelope, and obviously it had to be an adult over 18, not connected. There is no need to send it certified, and she didn't, but without proper service, does he need to appear or respond? He just started a new job two counties away, during business hours, we aren't sure if he must appear. She has a habit of doing things in bad faith.

Does he have to show up to the court date there is now that has been set aside just because she is contesting the change of venue? He just started a new job two counties away and she improperly served it. If she didn't contest it there would be no court date. Is there a chance he will not be granted the change of venue because he didn't go when he wasn't properly served?

Attorney Answers 2

Posted

No

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I'm a bit confused as to the facts of the case. However, if I understand them correctly he filed for a change of venue and she filed a response stating her disagreement of such change. She then served the response incorrectly. My answer would be that it is probably still in his best interest to attend the hearing even though she served him incorrectly since it is he who is requesting the change of venue. The hearing would have been scheduled regardless. When he attends the hearing he can let the court know that he was not served properly. The court will then either set another hearing so that she can serve him correctly or will ask if he wishes to waive service and then proceed. Best of luck!

The information you obtain in my answer does not, nor is it intended to, create an attorney-client relationship. You should consult an experience attorney who has knowledge of all the particular facts of your case before making any final decisions.

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