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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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If defendent is in jail and has no knowledge of a paternity

Customer Question

If defendent is in jail and has no knowledge of a paternity lawsuit being brought against him, how much time does he have to respond even though he has never been served?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
That does not make sense. If the defendant's whereabouts are known, notice of the paternity action is required or else the ruling can be vacated for lack of service of process. Generally a paternity suit is not held while the father is incarcerated as the defendant would not have the opportunity to be heard.

But to answer your question you would have 20 days from the date the papers have been served to file a response, pursuant to Arizona Rules of Civil Procedure Rule 12.

Unless you waived service of process, you are entitled to notice of hearing, opportunity to be heard. You should be able to request dismissal of the paternity suit for lack of service of process or a continuance until you get out.



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