As I currently understand the being served process. Alleged fathers are normally served can be served by an attorney, a person recognized by the state to perform this service or, a sheriff. There is service known as a sub-service that some states allow. A sub-service or a substitute service is a company or a person that is certified and recognized by the state as suitable to serve a defendant.
The fact of the matter is you can not stop the process of being served. What most people who provide advice on this topic suggest is:
1. Make sure you understand your state’s Rule of Civil Procedure. The rule of civil procedure details the state’s process for handling being served. Making your familiar with this can give you great insight on what to expect and how to respond or, not respond to be served.
2. Do not accept certified mail. It is a big misconception that a person is obligated to accept certified mail from the postman. You have the option to deny mail. Especially if you are not expecting a delivery.
It is also important to note, Depending on your situation regarding refusal of mail. It would be wise to consult an attorney in your state to inquire about the disadvantages of rejecting certified mail.
3. Do not accept regular mail. What servers may do from time to time is mail the defendant both certified mail and regular mail. If you receive regular mail. It is important to that you do not open the mail you received. Take the mail back to the post office and state the person no longer resides at your current address and the post office will return the mail to the sender. Make sure you state that you no longer live at that current residence.
4. If you reside with others, you may need to notify all parties not to answer the door or, accept anything on your behalf. Better yet, it would probably be wise to inform them to say you no longer live there.
5. If you work for a company. It is important that you notify your coworkers and instruct them not acknowledge, accept or receive any information or mail on your behalf or regarding your person.
The downside to this is, you will most likely have to inform your coworkers of situation. Sharing details of your personal life could make your job life a bit uncomfortable.
The above-listed ways are some of the most common methods shared in regards to attempt being served custody papers. Now, it also important for me to share with you that if you are able to avoid being served. The plaintiff may ask the judge to serve your closest of kin who may know where you are or, in some states they allow defendants to be served by publication.
In order for this to be put into effect. The plaintiff (mother) must prove to the judge that she put forth a concerted effort to attempt to serve you. Please note, the plaintiff cannot perform the research themselves when attempting to locate the defendant. The plaintiff must outsource this to a competent unbiased third party. The researcher must provide the plaintiff with detailed proof of how and what they did to perform their research. The research must then be presented to a judge in the form of an affidavit for consideration by the judge before the defendant can be served by publication.
Nonetheless, when I have these types of conversations. I always tell men. If you are engaged in sexual relations with a woman. It is important that you take personal responsibility for your conduct within the relationship. If a child is conceived and you are in doubt. I always advise getting a paternity test.
It is important that you get out in front of these things to the best of your ability. Having been involved with in DNA relationship testing industry for the last 14 years. Many of the men I have encountered appear to be fearful of the judicial system. So they tend to allow mothers to go on offense. More times than not, the mother knows you will not put up much of fight.
I implore any man going through this situation to arm himself with information about his state laws. This way, you will at least understand what you are about to deal with. In closing, a man’s best weapon is a DNA test as soon as the child is born. Before signing anything at the hospital make sure you have a DNA paternity test done.
The information shared in this post is for informational purpose only. I suggest that if you are in a situation that you are about to be served for a child support related issue. It would be wise to learn your state law or, seek legal counsel regarding this matter.