Question asked on Nov 17th, 2017
Q: I filed a complaint for custody along with a motion for temporary child custody and support. The sheriff hasn’t been able to serve the other party. What if the sheriff isn’t able to serve them before the hearing date? Can I ask the judge to serve by substitution in the meantime? Do I ask to continue hearing or by ex parte if other party isn’t served in time for the hearing?
A: The Court (presuming jurisdiction over the case) can enter temporary orders over various subjects, in most circumstances, pending service and appearance of the other party. If service has not been accomplished, and your process server has completed an affidavit of due diligence, the Court can permit service by publication.