Ask Me Help Desk - Custodial Parent

Quote:

Originally Posted by klozzer

In Arizona anyone over the age of 18 can serve the papers. There is an acceptance of service form that she had to sign. She signed it right in front of the clerk at the courthouse. As far as the application for default, a receipt showing it mailed is sufficient for the court according to the clerk. The original decree was signed by both and notorized, the custody agreement was signed by both and notorized, the parenting plan was signed by both but not notorized. I was told by the clerk that particular form did not need to be notorized, just signed and brought with me to my court date. I appreciate you playing devil's advocate, I'm just trying to get positive answers on my behalf to ease my anxiety. I cannot in anyway shape or form have my boys live with her!

Sorry, this says you're wrong:
ARIZONA RULES OF CIVIL PROCEDURE
Rule 45(b)(1) clearly states that a subpoena must be served by someone meeting TWO requirements: they must be over 18 and must not be a party to the case. Unfortunately, your service is null and void and now you've got a big problem on your hands - she was never legally served the papers.

If she willingly signed the paperwork, then I'd submit what you have and hope for the best. The issue is that if she suddenly gets a bug up her butt, you've got a landslide of problems - starting with the fact that she was never properly served.

This is copied right off the Maricopa County Superior Court's website •You understand that your case cannot proceed until you have provided proof to the court that notice has been given in a manner permitted by law
•You understand that the law does NOT permit you (or a friend or relative) to hand-deliver the papers to the other party unless he or she (and no one else) will sign an “Acceptance of Service” form in front of a Notary or Clerk of the Superior Court, and return the form for you to file with the Court.
She signed the "Acceptance of Service" form in front of the Clerk at Superior Court and then I handed the stbx her papers and handed the clerk the "Acceptance of Service" form. From that, I assume that I did it correctly.

Quote:

Originally Posted by klozzer

This is copied right off the Maricopa County Superior Court's website •You understand that your case cannot proceed until you have provided proof to the court that notice has been given in a manner permitted by law
•You understand that the law does NOT permit you (or a friend or relative) to hand-deliver the papers to the other party unless he or she (and no one else) will sign an “Acceptance of Service” form in front of a Notary or Clerk of the Superior Court, and return the form for you to file with the Court.
She signed the "Acceptance of Service" form in front of the Clerk at Superior Court and then I handed the stbx her papers and handed the clerk the "Acceptance of Service" form. From that, I assume that I did it correctly.

All right, as long as the Acceptance of Service was notarized at the time of signing then for the time being, you should be fine.

Honestly, you need to relax over this. Your ex hasn't indicated she wants the children or that she's going to fight for them. Until that day comes, take a breath. It sounds like she's just going to agree but as we've pointed out, you don't know what will happen until the day of court. Good luck with everything.

You and the other party can go to the filing counter at the courthouse where you filed the court papers. Bring the original “Acceptance of Service,” plus two copies (one for you and one for the other party). The other party must now sign the original “Acceptance of Service” in front of the Clerk at the filing counter. The Clerk will notarize the other person's signature for FREE. The other party must have a valid picture I.D. with him/her for the Notary Public to sign the “Acceptance of Service.”
This is from my instructions on the packet.

I wanted to drop in today and tell you all that I had my court date yesterday and everything went smooth as butter. I still have my kids and my house. The whole thing took less than 10 minutes. I want to thank every one of you for you advice and words of support. I am ready to start the next chapter.
Thanks.
Larry

Quote:

Originally Posted by klozzer

I wanted to drop in today and tell you all that I had my court date yesterday and everything went smooth as butter. I still have my kids and my house. The whole thing took less than 10 minutes. I want to thank each and every one of you for you advice and words of support. I am ready to start the next chapter.
Thanks.
Larry

Fantastic; thank you so much for letting us know :) It's very rare that people return and let us know the outcome. I'm glad things went well for you!