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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34863
Experience:  Retired (mostly)
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I live in Arizona. I share joint legal and physical custody

Resolved Question:

I live in Arizona. I share joint legal and physical custody of 3 of my kids with their dad. I filed for mediation to talk to him about something's. My question is even though I filed for it I'm not sure what to do next there are no instructions I can find anywhere on any site. Here is what I did. I filed for mediation than sent him a certified restricted letter to his post office box. I am not sure if that's the way to do it and I do not know where to go from there. Do I need to call the court and set a date or do they send me information on when they have a time? Do they send him anything? Does he have to send a response to the court? The court website has only the one sheet to file and I'm not sure do I actually have to have him served my a officer?
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello,

In which county were your custody orders originally made?

Do both parents and all children continue to reside in that county?

Thanks in advance.
Customer: replied 1 year ago.
Yavapai county and yes we all live in yavapai
Expert:  socrateaser replied 1 year ago.
Okay, thanks.

In general, you must petition the court for a mediation order, and then serve the other parent with a copy of the order. The petition form is found at this link. You also need a certificate of service. Here is a link to the form. The clerk should issue an order for mediation to you, which must also be served on the other party. Until that order is in the other party's hands, he does not have to attend mediation. Once he is served with the order, if he does not appear at the scheduled appointment, he can be held in contempt of court for failing to appear.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.
Ok that is the paper I filed and sent to him certified restricted mail. He has not signed for it yet because i havent received anything saying he has. and that was a week ago. If he choices not to sign for it what do I do? Can I still file the certificate of service with my receipt showing I sent it to him.
Expert:  socrateaser replied 1 year ago.
If the other parent does not sign the USPS return receipt, then you must serve the parent "personally," i.e., have a third party, 18 years of age or older, or the sheriff, or a private professional process server, physically hand the documents to the other parent or some other person at the parent's home of suitable age. Family Court Rule 41 C.1.

You can visit the county sheriff's "civil department" and have them serve notice. Or you can find a private process server. Either way, it will probably cost you about $50 to serve the other parent. Usually, the sheriff or process server will have a proof of service form which it will file with the court after service is complete. Make sure that this will be done as part of your payment, or the court cannot force mediation. Nothing will go forward until the proof/certificate of service is filed with the court, showing that the other parent has notice of your mediation order request.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.
What if mediation gets reject for some reason through the court? Should I get a lawyer and just go to court about it or try for mediation again? Or have a lawyer do all the papers for me?
Expert:  socrateaser replied 1 year ago.
Mediation is mandatory, if requested by a party. It won't be rejected (except in extraordinary circumstances, where the other parent shows the court that the parties are so estranged that mediation would be futile.

If for some reason that were to occur, then you will need a lawyer to force things along. But, most cases are mediated to settlement, because neither side really wants to pay for the cost of a lawyer.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34863
Experience: Retired (mostly)
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