I have a court case about changing my daughters last name to her biological fathers last name as well as changing the birth cert. (currently lists ex who was originally thought to be the father). I have the paternity tests for both showing this proof. I live in arizona and filed to established paternity with request for order of named change. when i realized i did not include on the request to specifically remove incorrect man from and add her real father, i submitted a motion to clarify order. they denied that based on rule 43 of the arizona rules of family law saying that there is no indication that a copy has been mailed to both parties as required by rule 43. my question is since they made a ruling dose that mean my case is closed? what can i do to keep this going? do i need to mail the copy of the order to both men ( one being my fiance who i live with) and submit a copy to the court? how do i show proof? would a proof of delivery through certified mail be sufficient? and can it be signed by who ever answers the door or does it have to be signed specifically by him? the issue is that i only have his parents address and dont know if he lives there or not. do i have any alternate options for this proof that i am sending this document?? Please help i need to get this done and over with, thank you!!

traceyrco

You have to send the docs with a Certificate of Service (certified mail too) and give the court a copy of the Certificate of Service showing you mailed the docs. to the other parties.

So - you need to read your Civil rules of procedures on your state website to see how to do this. You may be able to find it on line - here's one for Texas

CERTIFICATE OF SERVICE


I certify that a true copy of the foregoing has been forwarded by facsimile and by depositing under the care and custody of the United States Postal Service on the 18th day of September, 2008 via certified mail, receipt requested, addressed to the attorney of record for: XXXXX or put in the man's name and address.






________________________________________
sign your name

addicted2u143

THANKS THIS REALLY HELPS ME A LOT, WHAT I AM UNDERSTANDING FROM THIS IT DOESNT MATTER WHO SIGNS IF ANY ONE I JUST CAN DO A CERTIFICATE OF SERVICE? ....YAY

traceyrco

Oh - take out the facsimile - I didn't see that in there.

Check with your state law though to make sure this is right. You'll find it under procedures or something like that on the state website. Good luck

califdadof3

In some states the moving party isnt allowed to send a certificate of service it has to be done by 3rd person. Thats who would sign as witness on the dotted line that " they " put it in the mail. Also any one under age 18 signing anything isnt valid so be careful of that.

this8384

Make a few copies of the paperwork that you're filing with the court. Take a copy to the police department in the town that your ex resides in and ask them to serve the papers on him; most police department will do this for a fee, although not all. When the officer serves the papers on your ex, they will send you paperwork indicating that the papers have been served. Once you receive that paperwork, take it to court with you as proof that your ex has been informed of your intention.

You shouldn't need to mail the same paperwork to your fiance, just have him show up in court with you acknowledging that he agrees with your motion.

this8384

Unfortunately, your family can't serve him. They can, however, take the paperwork to the police FOR you and have him served that way.