Wednesday, February 3, 2010

Attorney says nothing can be done in filing a contempt of court if papers cannot be served True or False?

What happens when papers cannot be served against a person for contempt of court. He cannot be found, but he has temporary custody of my two children. My attorney says we can't do anything until papers are served. State - Mississippi.Attorney says nothing can be done in filing a contempt of court if papers cannot be served True or False?
Don't know much about MS law, but you could cross-file for temporary custody. When it comes to the Court's attention that you have a pending motion for contempt and he has fled the jurisdiction, they may change temp custody to you. That would give you more leverage, and might even be the basis for a warrant for his arrest for absconding with the kids.





** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **Attorney says nothing can be done in filing a contempt of court if papers cannot be served True or False?
You can't do anything until the papers are served. If he is avoiding service, eventually your lawyer will try to serve him by publishing as notice in the newspaper, but the courts like you to try for several months before you resort to that.
That's true, as unfortunate as it is. I'm sure there has got to be a way to find him. Through his job? Family?

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