I am actice duty military in CA and have filed for a Modification of Child Custody in AZ as the petitioner. I have proof of service and have filed it with the court. My ex responded but does not have any proof of service for his response. Can I file for a summary Judgement in my favor since he has no proof of service? If not, Can I argue to have his response stricken from record?

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Originally Posted by militarymom

I am actice duty military in CA and have filed for a Modification of Child Custody in AZ as the petitioner. I have proof of service and have filed it with the court. My ex responded but does not have any proof of service for his response. Can I file for a summary Judgement in my favor since he has no proof of service? If not, Can I argue to have his response stricken from record?

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We're going to need a little more information about your situation.

What was your ex's response to your motion? Is he disagreeing with your motion?

Why was he unable to obtain service on you? Did you simply refuse it?

What are your grounds for asking to have his response/motion dismissed? Proof of service isn't going to work because you obviously are aware of it.