Greenfield, IN asked in Family Law and Child Custody for Ohio

Q: Being served papers where I used to live

Never married. He never supported child nor saw her very often by his choice. If I just moved out of state and he is trying to serve me custody papers in prior state what happens if I never receive them?

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Divorce Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Until you have lived in a new state for the time required by that state, the old state still has jurisdiction. He could track you down and get you served. He could even serve you by publication in the paper to start the court proceeding, and then it would be decided without you. If the father is seeking parental rights, the courts are also likely to make him start paying child support. Rather than trying to hide from him, it might be better to let the courts resolve it. Consult with an attorney for advice. Use the Find a Lawyer tab to consult an attorney in your prior state and also in your new state.

R. Scott Patterson
R. Scott Patterson
Answered
  • Divorce Lawyer
  • Zanesville, OH
  • Licensed in Ohio

A: First, the state to which you move would likely not take jurisdiction over the child unless the child had lived in that state for at least six months. Second, service can be completed upon you by publication, including in certain circumstances, by posting. Service by publication would require a showing that he exercised a level of diligence in seeking your and the child's whereabouts.

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