SPARC Forums

Good evening everyone,
I have a quick question.  My brothers child was born in March.  Him and his wife (only married since November and both 25 years old) had a little problem and are no longer living together.  She is with her parents and my brother is with mine.  My brother was only getting one visitation a week (for an hour) and both his wife and her mother (witch) insisted on being present.  About a month ago, our mother and the witch got into an argument over these visitation issues and we haven't seen the baby since.  We have made every attempt to communicate with these people to find a civil agreement.  Their only response was that maybe we should take this to probate court.
We've done that, and the gentleman that went to serve the wife the papers was turned away not once, not twice but three times by the witch.  What happens if they continue not accepting the summons?  The court date if set for June 7th.  
Please help.
Thanks so much in advance.

I am not sure exactly how the probate thing works, but I knwo for about a 15.00-30.00 filing fee you can have the Sheriff PERSONALLY serve her.  I am pretty sure he won't take "no" for an answer! You just go to the court house and ask to have someone served via the Sheriff...(anyone correct me if I'm wrong).

DH and I are in WI and we ALWAYS go to the sherriff to have the witchy woman served.  ALWAYS!    Have her served at work  or ask the sheriff to serve her mother!!

Are you represented by an attorney?  If so, he/she should know what to file in the court to certify that there has been a failure/refusal to be served the papers (if it is a reputable attorney).

If you do not have an attorney (pro se). Call the court. They should have a pro-se office (if not ask the clerk for direction to the appropriate person in the court who can help). There should be an established procedure with a form for you to fill out and file that notifies the court you have attempted to serve the opposing party and she has refused to accept the summons.  You will most likely need a statement from your process server to attach to your filing. You also need to find out now how to go about getting a default order put place.

Good luck!

Thank you all for your advise.  I've passed them all on to my brother....he has left a message for his lawyer and is waiting for a call back.  This is so frustrating...