Q: I am in the process of filling a CS modification in Fulton County. Mom lives in FL. Can I use a private processor in
FL to serve the Summons and Petition?
A: The first thing you should do is hire an attorney and not file that modification yourself. The language an attorney can use is not the same as the language in the forms you will find online. And if a modification is not done properly and you don't obtain a reduction in support, you could end up being ordered to pay the other parties attorneys fees, should they hire an attorney. If you choose to move forward pro se, keep in mind, if the custodial parent gets served and hires an attorney, you should not represent yourself against another lawyer. As far as how to serve in FL, you have to serve according to the laws in the state of FL for proper service. And again, that's where hiring a lawyer comes in to make sure you properly perfect service.
A: The first answer is not correct. You can serve per Georgia law. You have to use someone on Fulton's process server list who is willing to go serve in Florida, or you have to use the sheriff in Florida, or file a motion to have a process server in Florida appointed. That requires a motion and an affidavit. You probably do need an attorney to navigate that process.
A: My previous answer is correct as service varies by state, and perfecting PROPER service may be different in the state of FL than it is in GA. For example, there are forms of service that are acceptable in NY that were not necessarily proper service in GA, but my client was serving a NY defendant. Thus, a GA court considered service proper. The second attorney is incorrect in that it is highly unlikely that you will find someone in Florida that is approved to serve in Fulton County. You may have the sheriff's department serve in Florida or obtain an order for a private process server, and that person does NOT have to be approved to serve in Fulton County.
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