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Question re: filing first or served first?

BeachBum1223BeachBum1223
in Single Parents

I filed for custody of DD over 2 weeks ago, the county STBXH lives in has yet to serve him.  STBXH filed last week and they have already attempted to serve me.  So... if I get served before STBXH are my papers null and void? I would imagine they would go on who files first not who is served first.

I've got a call in to my attorney with this same question but I havent heard back yet. Thanks.

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Re: Question re: filing first or served first?

  • blondnearbyblondnearby

    uhm...I was required to have my ex served not the county.  I had my mom do it. As far as who serves who, I don't imagine it matters.  You filed first and that should be evident on your paperwork.

     

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  • PrettyInPearls23PrettyInPearls23 member
    Yes, it only matters who files first.

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  • BeachBum1223BeachBum1223
    imagetifanico:
    If you filed first then your court has jurisdiction. Plus, one of the requirements for the court to have jurisdiction would be the place where the child has residency which means that the child has to live there for 6 months. For small children it can be taken into account the place where the child was born. 
    Check with your lawyer. 

    Good to know. DD is less than 6 months but has lived in the county I filed in longer than the county STBXH lives in.

    My lawyer agrees that since I filed first I'm good, but the problem is I will be served before STBXH because his county is SLOW!

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