Legal Question in Family Law in California

My step son filed for custody of 2 children he had with his girlfriend and she was served on 11/13/13 for a hearing in Riverside County on 12/5/13. On 11/16/13 she had him served with a hand written note to go to a Court in San Bernardino County. Does one court have precedence over the other?


Asked on 11/16/13, 10:08 am

2 Answers from Attorneys

James Miller Law Office of James L. Miller

Can you explain what you men by hand written note? To be considered proper service the serving party must serve court documents, not had written notes. Court documents will be signed by the Judge or the Clerk and will include the type of matter and the date, time and department where the served party is to appear.

Many Courts have online programs where you can look up and see if there is a proceeding that is scheduled.

If the party has been served official documents he must appear. In this case your step-son would have to appear at both courts and let the Courts decide where venue would be proper.

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Answered on 11/17/13, 10:22 am

I disagree that it really matters what she served. I just handled a case of dueling service for a client and the absolute rule is that when there are competing family law cases filed in different counties, the one served first is the one that goes forward and the other must be dismissed. Your step son will, however, probably have to hire an attorney to get whatever she filed in San Bernardino County dismissed.

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Answered on 11/18/13, 11:43 am


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