denied visitaion

[raymi]

I am the NCP. The case is in MN. I do have a specific court ordered visitation schedule. The CP has not delivered the child to the court appointed location four times in a row. After the third time I served her by mail(legal here) a motion for parenting time assistance to resovle problems. I also have a motion for contempt. Court date for both are the same time on November 21.

I have not been able to serve her the motion for contempt( must be in person). She is hiding out in her apartment. I paid the county of her residence civil division to serve her and they are still attempting but it seems that she will not open the door or call the officer who has left notes for her. I am running out of time. The service needs to be done by Nov. 7.

Question 1- do you have any tips on how to serve her other than hanging out in my car and waiting for her to go outside to her car? What if I can't serve her at all, I have proof that attempts have been made. Can anything be done to proceed on this matter if service is not completed other than requesting a new court date and trying again?

After the first three visits that were denied she recieved in the mail( according to delivery confirmation)the service of the motion for parenting time assistance etc. including the future court date. I thought she would wise up and bring my daughter per the court order but she did not.  

Question 2- What is the best thing to do about this fourth missed visit? Do I file another motion for parenting time assistance ect. and another motion for contempt with another court date?

I am new to this web site and I just wanted to thank you for everything you are doing to help all of us parents. I have searched high and low and this site is the best. I do not visit any other now.

[socrateaser]

>Question 1- do you have any tips on how to serve her other
>than hanging out in my car and waiting for her to go outside
>to her car? What if I can't serve her at all, I have proof
>that attempts have been made. Can anything be done to proceed
>on this matter if service is not completed other than
>requesting a new court date and trying again?

You've got to tag her. That means having her acknowledge her identity and be in line of sight of the person serving, so that even if the papers are refused, then they can be dropped at her feet.

Eventually, you can ask the court to let you serve her by publication, but that will be long after your hearing date has come and gone.

So, the best thing to do, is hang out and wait for her to come out. Or, you could try to serve her at work, or have a private process server hang out until she comes out of the apartment.

Expensive? Yes.

>
>After the first three visits that were denied she recieved in
>the mail( according to delivery confirmation)the service of
>the motion for parenting time assistance etc. including the
>future court date. I thought she would wise up and bring my
>daughter per the court order but she did not.  

She's diggin' a hole and all of this is good evidence that she is not a fit caretaker for the child.

>
>Question 2- What is the best thing to do about this fourth
>missed visit? Do I file another motion for parenting time
>assistance ect. and another motion for contempt with another
>court date?

You can file a supplimental brief, and add a count, but you still need to serve her in the required time period.

>
>I am new to this web site and I just wanted to thank you for
>everything you are doing to help all of us parents. I have
>searched high and low and this site is the best. I do not
>visit any other now.

Thanks, since I'm not gettin' paid, appreciation is, well...appreciated!

[raymi]

Regarding question 2- Are you stating that the best thing to do is file a supplimental brief and add a count? IF so how excactly do I do that? I haven't seen anything like that in my limmited studies.

I do not think that I will be able to get the police report and serve her with it as an attachment to the brief in time. Can I file another contempt charge? Would it look bad I am pro se?

Previously I thanked you for helping all of us parents but really I should have said families=parents, step-parents, and esspecially the children.
You really are helping make a huge difference in our society.

[socrateaser]

>Regarding question 2- Are you stating that the best thing to
>do is file a supplimental brief and add a count? IF so how
>excactly do I do that? I haven't seen anything like that in my
>limmited studies.

I would just introduce the evidence at the hearing and not worry about refiling. Let her attorney object to it. It will just piss the judge off to know that it continued even after you filed for the contempt.

[mistoffolees]

>Thanks, since I'm not gettin' paid, appreciation is,
>well...appreciated!
>


Well put.

I'll add my thanks. I always appreciate it when people take their own time to help others solve their problems and you put an enormous amount into this when there are undoubtedly other things you could be doing.

[nala_mia8]

just wanted to add that I had to hang out in my car when my ex tried to avoid getting served. I hung out in my car, found out what kind of car he drove, followed him to work, figured out where he normally parked, and hired a guy to officially serve him. We set a date and both hung out in the dude's truck and waited for my ex to exit the building. Guy went up to him, said his name, ex replied yes, and the guy served him. Took about 30 minutes of his time and about 3 hours total of my time.

I did all the legwork to save on money. It's a pain, but it's worth it.

[raymi]

I agree about doing all of the legal work on my own. There is no way I can afford legal help on a regular basis. I feel that I am probably doing a more thourough job with the help of shared knowledge than a lawyer with multiple cases would be able to do.

I am aware of the vehilcle that my ex drives as well as her live in  boyfriend's car. Unfortunately she does not work. She collects welfare and my child support check. So following her to work or waiting for her to go to work is out of the question. That would be so much easier. My plan for the weekend is to sit outside her apartment complex with my fiance' in the car and hope she comes outside sometime on saturday. My fiance' will serve her. Wish us luck, I haven't seen or been able to talk with my 3 year old daughter in over 2 months.

[nala_mia8]

GOOD LUCK! Take a good book, a few CDs, some snacks/drinks, and maybe a portable DVD player and try to make it as fun as possible.