Getting BM served with Citation and Notice!
Grrr! I'm so frustrated! BM was diagnosed with Bipolar in December, but since DH got primary custody of 4yo SD last may we do not want to get into another court battle. Then in Feb. BM's mother called us to help SD while she was with BM for her weekend because BM was having SD call and beg for money. We also all suspected BM has been on drugs because of her severe weight loss, quitting her job, selling her car and blowing through the seven grand she got for a tax refund by fraudulently claiming someone elses children.
CPS got involved and began an investigation, when they finally got ahold of BM they had her sign a plan that she would stay on her meds and see a Dr. She refused a drug test and told them to call her attorney. Then they could't reach her.
Fast forward to April and BM admitted to me she was not taking her meds, then blew up at DH on the phone. We called the CPS caseworker and she said she could not get BM to answer her door or call her back, she came to our house and met BM when she came to get SD. The next day the caseworker met BM at her apartment and BM failed a drug test.
CPS had been pressuring us to go to court, claiming they could not stop BM's possession times with SD because of the court order. They said if we went to court their report would back us up that BM needs only supervised access to SD.
We met with an attorney, and she wanted $2500 to get started. We decided to do it on our own and I drafted the petition and an ex parte for extraordinary relief. We know it was by the grace of God that DH was able to speak to the Judge and the Judge granted the ex parte. We got a hearing set and decided to hire a private process server, hoping that would be faster than having the sheriff or constable serve her.... WRONG!
He had a very professional website, was professional and personable on the phone, but we gave him our documents and the information along with a check, he's cashed the check but won't call us back!
I'm so dissapointed! Dh and I have decided that I will go tomorrow to the court and get another citation and notice and pay the constable to try to serve her. We've also got to get a subpeona for CPS to appear at our hearing.
THis is so upsetting. We don't want to be back in court. We don't want this stress of waiting and wondering if BM has been served and if this guy just ran off with our money.
Has anyone delt with this before? I read if we can prove we have tried and cannot locate BM to serve her we can serve her by publication in the paper. anyone done that before?
Thank you in advance for any help or guidence.