Apparently serving someone with papers in a different state is more difficult than our Attorney realized. California has changed the way they do things and they no longer have constables serve civil process, so they had to file a Rule 103, which allows process servers in CA to serve him. This obviously takes a bit longer than we originally thought it would. We just received an email update from our Attorney, apparently they are having a hard time serving him. He's either not there often or is avoiding the process server. (More than like the later is true for this case). Email received:
" Christine: I just heard back from the CA process server. He's made
several attempts & has verified the address with a person nearby. I
directed him to prepare and mail to me an affidavit of attempted
service, so we can 106 this guy.
Sheri', CPS
Our attorney's explanation of a Rule 106:
Basically, the Rule 106 Affidavit sets out all the times the Cal. process servers have attempted to serve Rick to no avail and it allows the notice/Petition to be posted on his door instead of physically handing/serving our Petition on him.
I am so friggin nervous!!! Why is he avoiding them? Who knows. It makes my stomach turn not knowing what will happen next. In the meantime we have to get a Home Study done. This is done in any adoption to ensure that the home is safe and the child is in good hands. I hate that we have to prove ourselves, but I understand the reasoning behind it. It's really in the best interest of the child. Obviously we will have no problem with this, but it's nerve racking to think that a stranger will be spending the most part of a day observing our routines and family life. I have been dreaming about Rick a lot lately and I'm ready for this to be over and out of my mind.
No comments:
Post a Comment