Anytime you have a family court case pertaining to child custody or child support, it is important to ensure the other parent is served properly to protect your case. There is necessary legal paperwork that you must fill out to initiate the petition including a Summons to Respond/Appear and the Petition for either Child Support or Child Custody.
After you have filed your court papers, you are legally required to serve papers to the other party, thereby notifying them that they are being summoned and must respond within a certain period of time. In Arizona, there are different methods of service that you can choose from including Service by Acceptance (by personal delivery of mailing of papers), Service by Registered Process Server, Service by Sheriff.
The most effective, safe, and efficient option is to work with a registered process server. When you do this, you want to hire a reputable and experienced service that you can rely on to get the job done correctly. You typically have 120 days from the time you file the initial complaint to serve your spouse. Process servers have experience and strategies to successfully serve individuals within that time frame. However, if for some reason, it is not possible due to a spouse being evasive, a judge may extend the time frame.
Once your spouse has been served they will have approximately 20 days to respond (may vary under certain circumstances). If the spouse does not respond within the time frame and the judge does not extend the period of time for process service, you may ask for a default judgment and if that is granted and they still do not respond., you will be granted everything you asked for in your petition. If they do respond, your case will proceed to family court.
What documents are needed for child custody?
Written submissions
First, people will need a written submission to begin their child custody hearing. They have to outline their position, along with the demands in this document. Written submissions will help to gather support for a position so the judge will have a clear picture of the situation. They review the papers before promoting a hearing.
Visitation logs
Next, people need to provide visitation logs containing all their parenting arrangements. It includes schedules, email exchanges, and other communication with the other parent. Keeping a detailed log is essential to demonstrate the difference in the responsibilities of care. Some juries will even draw evidence of an insubstantial marriage from these logs.
Well-being papers
One should gather other documents that provide evidence of the overall health and wellbeing of a child. The evidence can be collected from the teacher, therapists, doctors, or coaches. A written statement from these professionals is crucial to retain custody. Most importantly, collect any medical documents related to frequent injuries or diseases.
Domestic violence records
When the other parent is abusive or negligent in child care, individuals can provide documents necessary to these issues and ensure favorable outcomes. Keep track of their activity and compile a written record of their abusive acts. If needed, gather evidence from teachers or caretakers. One can also report any direct incidents of violence to get the official charge papers. These documents will support the custody claims.
Can you trust process servers for child custody?
Expertise
Process servers are well-versed in the local and federal laws. They ensure the timely delivery of legal documents by identifying the right person. The preexisting legal knowledge comes in handy in locating the other parent and serve them with the papers for legal proceedings.
Reliability
Judges follow a strict timeline when it comes to child custody cases. Professionals are well aware of these regulations. They help to relieve stress by providing sooner notifications to the other party. This is essential to avoid any hassles that are associated with the type of lawsuit.
Knowledge
In some child custody cases, the other partner will not respond to process servers. They will try to delay the proceedings by avoiding document delivery. People can trust process servers and their knowledge in such situations. They use their exemplary investigative skills to locate other parties and get them notified within the fixed timeline.
Professionalism
Lastly, child custody process servers are professionals when it comes to delivering legal documents. They have an established reputation for high-quality services. There is no need to worry about the proceeding when individuals hand over this responsibility to process servers. Their professionalism is necessary to conclude the case with much little stress as possible.
