Redding, CA asked in Family Law for California

Q: if the petitioner of guardianship served the papers herself could i file a motion to set aside the order?

the petitioner of the guardianship signed the proof of service saying she served me not only that but she sent it to an address she knew i had been moved out of for 2 months prior. Can i file a motion to set aside without making the judge upset. it clearly states on the proof of service THE PETITIONER CANNOT SERVE THE RESPONDANT in bold letters.

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1 Lawyer Answer
Stephen Peter Anderson
Stephen Peter Anderson
  • Santa Maria, CA
  • Licensed in California

A: You are always entitled to challenge service. This is done by filing a Motion to Quash. Ultimately, however, you will likely be served and requires to file a response or objection. The service isn't your fight. The issue is the Guardianship and opposing it properly and through a full hearing. These issues are important and require you to consult with, and try to retain an attorney. Once permanent orders are issued, they are difficult to overturn.

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