I have a friend who is divorced and has sole custody of his 5 yr old boy, the mom only has supervised visitation for 2 hours every other Saturday. The dad has not been served yet with the papers to go to court. The mom keeps calling him every single day asking him if he's been served yet. Today when she called she blurted out that you have 2 days to get served. So, we are thinking that the court date is Wednesday. We have no idea, the dad's Attorney says that nothing can happen unless he is served and knows about the court date. Is this true? His Attorney is ready to take the case, but insists that a hearing cannot take place without him being served. If anyone knows, please advise and thanks for your time.

It's true....the only way a person could not be served is if they were "missing". Then it would be sent to last known address and published in the paper. However since previous things have been filed, the court knows where your friend lives and so does the mom. The atty is correct if he is not served in time, the hearing will be rescheduled.

I have a friend who is divorced and has sole custody of his 5 yr old boy, the mom only has supervised visitation for 2 hours every other Saturday. The dad has not been served yet with the papers to go to court. The mom keeps calling him every single day asking him if he's been served yet. Today when she called she blurted out that you have 2 days to get served. So, we are thinking that the court date is Wednesday. We have no idea, the dad's Attorney says that nothing can happen unless he is served and knows about the court date. Is this true? His Attorney is ready to take the case, but insists that a hearing cannot take place without him being served. If anyone knows, please advise and thanks for your time.
stuckinamuck's answer is correct. I'd like to add though that your friend should check with the court clerk to see if a hearing has been scheduled. Sometimes honest mistakes are made, and sometimes one party will CLAIM that they couldn't serve the other party and hearings get set without service. Either way, just to be on the safe side he should check into it.

UPDATE -- He just got served tonight at 7:40pm and the court date is Wednesday at 1:30pm. He's contacting his attorney in the morning, but is this enough notice?

What Is He Being Served With?

What Is He Being Served With?

Did you read the post, he got served with the Modification of the Child Custody papers!!!!

Did you read the post, he got served with the Modification of the Child Custody papers!!!!
Maybe you thought you put it in, but please reread your posts and you'll find that one- you did NOT say ANYTHING about a custody modification.

We all post here to help people for free, and you'll get very little help when you take an attitude whaen people ask you relevant questions.

Maybe you thought you put it in, but please reread your posts and you'll find that one- you did NOT say ANYTHING about a custody modification.

We all post here to help people for free, and you'll get very little help when you take an attitude whaen people ask you relevant questions.
THANKS FOR HAVING MY BACK ON THAT ONE XENA. I THOUGHT MAYBE I OVER LOOKED IT. I AM NOT PERFECT. SO IT WAS POSSIBLE FOR ME TO HAVE MISSED IT.

TO THE OP. IS THE BIO MOM WANTING TO HAVE MORE TIME WITH HER CHILD? WHAT WOULD BE THE REASONS THAT SHE SHOULD NOT. AND WHY DOES SHE NOT HAVE HER CHILD IN THE FIRST PLACE.

THANKS FOR HAVING MY BACK ON THAT ONE XENA. I THOUGHT MAYBE I OVER LOOKED IT. I AM NOT PERFECT. SO IT WAS POSSIBLE FOR ME TO HAVE MISSED IT.

TO THE OP. IS THE BIO MOM WANTING TO HAVE MORE TIME WITH HER CHILD? WHAT WOULD BE THE REASONS THAT SHE SHOULD NOT. AND WHY DOES SHE NOT HAVE HER CHILD IN THE FIRST PLACE.
Actually, I just noticed that it is in the title of OP's post. But, I have to admit, quite often I ignore titles because they usually have nothing to do with the actual questions. Anyway, OP shouldn't have come across with such a bad attitude.

You Are Right. And I Tend To Over Look Them Too. Sorry.