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Hello, I am going through a custody case in Bronx, NY. I had a friend serve the defendant, but defendant claimed she was….

Q: I am going through a custody case in Bronx, NY. I had a friend serve the defendant, but defendant claimed she was never served. Her son was served and yes he is over 18 and he does reside at the same address. This is due to child abuse, my friend has to go to court and testify that she did serve the son who is an adult. What will the family court due to the defendant or her adult son? The sons signature is on the doc stating that he did receive the papers.

A: Unless the Court pre-authorizes “suitable age & discretion” service, then generally you must personally serve the litigant herself with the summons. Thus, while your friend can complete an affidavit of service, most likely the Judge will order re-service. Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

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