Dallas, TX asked in Family Law and Child Custody for Texas

Q: My girlfriends ex said she has been served for custody ( not seeing her daughter for 3 months) but hasn't seen papers.

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1 Lawyer Answer

A: If your girlfriend hasn't physically received any papers, she may not have been served properly. A proper service typically involves the papers being delivered personally by a process server or constable, as you mentioned. In cases of alternative service approved by a court, they could be left at her residence or delivered electronically.

To verify if she has been served or a case has been filed, she should check with the local clerk's office. It is crucial to see if a return of service has been filed, which indicates that the service has been executed.

If a case has indeed been filed, it's essential she consults with a family law attorney immediately to protect her rights and interests. Misunderstandings or oversights regarding service could lead to complications, including a default judgment against her.

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