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Started By
Message
re: OT Lawyers, Need Advice
Posted on 9/30/15 at 12:31 am to RileyTime
Posted on 9/30/15 at 12:31 am to RileyTime
quote:
And the email had my name spelled wrong... Header had Wiley...
This sMellS really fishy to me.
I can ONLY speak for Louisiana, but I have never heard of service by email in a state court case.
As an attorney I CAN get served via e-mail in federal cases, but only after my client has been physically served (or accepted service).
This post was edited on 9/30/15 at 12:35 am
0
Posted on 9/30/15 at 12:35 am to USMCTiger03
Lol
Posted on 9/30/15 at 12:35 am to Breauxsif
Email service has been routinely used for at least the last ten years. Divorce papers have even been served through Facebook. It all comes down to what constitutes "reasonable" notification. OP's wife/lawyer most likely agreed to electronic service when the proceedings commenced. Furthermore, it doesn't matter if you actually receive service so long as "reasonable" efforts were made e.g., local newspaper or even radio (crazy right?).
In re: to computing timing: it usually takes courts a few days to serve an individual even via email. It is certainly not uncommon for lawyers to wait to the last hour to file something with the court. If I had to guess, the motion was filed on Monday and you were served Tuesday. While you may be saying to yourself "hey, wait a minute that is still thirty-one days," all courts that I know of allow you to file motions/pleadings the next business day if the expiration period occurs on a non-business day.
In re: to computing timing: it usually takes courts a few days to serve an individual even via email. It is certainly not uncommon for lawyers to wait to the last hour to file something with the court. If I had to guess, the motion was filed on Monday and you were served Tuesday. While you may be saying to yourself "hey, wait a minute that is still thirty-one days," all courts that I know of allow you to file motions/pleadings the next business day if the expiration period occurs on a non-business day.
Posted on 9/30/15 at 12:36 am to USMCTiger03
The best advice is to file a continuance because you have not been afforded enough time to find adequate legal representation. That may mean you/the kid will remain there until the matter can be heard, but it is the smartest thing you can do.
Posted on 9/30/15 at 12:37 am to RileyTime
Washington seems to have a 60 day notice and 30 day appeal.. The serving method is odd but you'd better get your ducks in a row because it appears that discretion is left open on dates to the judge and "best interest" ideal of family court.
Posted on 9/30/15 at 12:37 am to chongo
quote:
Email service has been routinely used for at least the last ten years.
After initial personal service you mean right? Or am I really behind on the times.
OP this guy makes a good point. Did your wife agree to electronic service on subsequent filings at any point in the custody process?
This post was edited on 9/30/15 at 12:42 am
Posted on 9/30/15 at 12:54 am to sealawyer
As far as what constitutes personal service, it really varies by jurisdiction. I take it email service is only constructive service in Louisiana unless the parties have agreed otherwise?
Posted on 9/30/15 at 2:01 am to RileyTime
So you guys were going to take this dad's kid, that he's close to, across the country and didn't think he'd contest it? Is the dad a bad father, pos, or what? If not, I am siding with the father and hopefully he'll get more rights.
Posted on 9/30/15 at 2:20 am to RileyTime
quote:
Per the courts he has 30 days to appeal and we notified him on 28 August that we're moving... Today is day 32.
Case closed, take the son and GTFO
Posted on 9/30/15 at 4:06 am to AU4real35
quote:
So you guys were going to take this dad's kid, that he's close to, across the country and didn't think he'd contest it? Is the dad a bad father, pos, or what? If not, I am siding with the father and hopefully he'll get more rights.
This is what I'm wondering. There was just a thread on how badly dads are fricked over in divorce court and the op is barely even questioned(biased as he is) on the fact that he's taking this other mans son? Who cares if he "barely wants to go there"? Maybe that's because he's a good dad with rules and the kid is being a kid.
More details op.
Posted on 9/30/15 at 4:49 am to East Coast Band
quote:
How would they know you received and read an email? I'd just go as planned and make the guy fight extradition, or whatever you would call it.
All of this. Don't even show up to court and if he tries to fight anything say you didn't check your email. You have actual legal papers that say he had 30 days to fight it.
There's a reason most legal documents are sent either certified mail or with a process server. They have to be able to show you received those documents.
This post was edited on 9/30/15 at 4:51 am
Posted on 9/30/15 at 5:37 am to Murray
It definitely sucks for all parties. You have to feel for the OP's family basically being handcuffed to whatever city an ex husband lives in, but as a dad it sure is shitty to know that if my wife left me, she could easily move back to where we are from with the support of the courts (6 hours away), and I'd not get to see my son regularly. Kid comes first to me. I know I'd be following my ex wife back home if that's how the law judged it and I don't think that's all too fair either.
Posted on 9/30/15 at 5:40 am to RileyTime
quote:
She has majority custody and in the divorce dicree if she moves over 2.5 hours away everything defaults to the mother.
Unless the father beats that kid, this custody arrangement should be a crime by itself
Posted on 9/30/15 at 6:19 am to KG6
quote:
It definitely sucks for all parties. You have to feel for the OP's family basically being handcuffed to whatever city an ex husband lives in, but as a dad it sure is shitty to know that if my wife left me, she could easily move back to where we are from with the support of the courts (6 hours away), and I'd not get to see my son regularly.
You're not wrong. Only the luckiest of the lucky appear to be able to go through a divorce involving kids without getting screwed in some way.
quote:
Kid comes first to me. I know I'd be following my ex wife back home if that's how the law judged it and I don't think that's all too fair either.
Same here. I'd thoroughly investigate every option to keep my kid near me but if all else fails, looks like I'm moving.
Posted on 9/30/15 at 6:42 am to JG77056
quote:
OT Lawyers, Need Advice
quote:
How would they know you received and read an email? I'd just go as planned and make the guy fight extradition, or whatever you would call it.
All of this. Don't even show up to court and if he tries to fight anything say you didn't check your email. You have actual legal papers that say he had 30 days to fight it.
There's a reason most legal documents are sent either certified mail or with a process server. They have to be able to show you received those documents.
If there is already a case and it was set up on the court's e-service system this is not good advice.
Posted on 9/30/15 at 6:52 am to RileyTime
So you're moving across the country with this guys son and you didn't expect him to contest it?
You and your wife are arse bags btw
You and your wife are arse bags btw
Posted on 9/30/15 at 6:58 am to RileyTime
You stole than mans wife and now you want to take his son away from him?
What an a-hole
What an a-hole
Posted on 9/30/15 at 7:10 am to Murray
quote:youre acting like he just up and said frick the dad, we're moving cross country. Dude is serving this country and got his orders. What do you want him to do? The other father is in the military as well, at any moment, that could be him getting orders to deploy to Who knows where.
Murray
Posted on 9/30/15 at 7:17 am to 7thWardTiger
quote:
Dude is serving this country and got his orders
Serving up those sloppy seconds.
Posted on 9/30/15 at 7:51 am to USMCTiger03
Yeah tigerdroppings is mostly SJWs and liberals who hate America and the military and want North Korea to invade and install sharia.
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