My ex has repeatedly denied my parenting time ordered by the court, so I recently filed for contempt; however, she will not answer the door for my process server.
How can I get her served if she keeps dodging the process server?
First of all, you’ve done the right thing here: You filed a motion for contempt. This is a classic case of parental alienation, which is never in the best interests of your daughter.
It appears as if your ex-wife is avoiding service. Have you tried serving her at work? Have you tried serving her at your daughter’s school at pick up or drop off?
If you are unable to try a different location, there is the stake out option where you pay a constable to simply wait till she arrives home.
If you have exhausted those options or prefer to not go down that route, then what I would recommend is to get the court involved in the service process.
You can motion the court for an alternative form of service. Depending on the judge and the jurisdiction, a judge can give you the “OK” to have the process server simply leave it at her house or email it to her or fax it.
It is clear that she is avoiding service here. Be sure to document all of the attempts and provide this information to the court.
Again, I am not licensed in your jurisdiction, and the above answers are very general and should not be construed as legal advice. Please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”