Asked in Child Custody and Family Law for Georgia

Q: What happen if father filed for sole custody using a false adress for the mother?

I am not sure if father had filed anything. But i am curious to know if he does what can happen if father use a false adress for me? So i wouldnt receive the court order.

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2 Lawyer Answers
Ellaretha Coleman
Ellaretha Coleman
PREMIUM
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The party filing a lawsuit has the burden of proving proof of service upon the other party. In custody actions, personal service is required, so he would have to personally serve you with the action. Mailing to any address would not be sufficient.

Regina Irene Edwards agrees with this answer

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: He has to serve you, so if that doesn't happen he's not getting an order. If you suspect there may have been some fraud, you need to go to the clerk's office and check the records to make sure there isn't an order there with your name on it. If you can confirm the order was obtained through fraud, you need to contact an attorney about filing a motion to set aside the order.

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