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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33088
Experience:  16 yrs. of experience including family law.
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My daughter relocated to florida with her kids....no custody

Customer Question

my daughter relocated to florida with her kids....no custody or paternity orders out of Arizona. It was a domestic violence situation and the Father said to get out of the house or else. Found out today that his process server was attempting to serve her with paperwork and filed an affidavit of NON SERVICE with the court - but the website where Maricopa County superior court shows just docket date and title of document filed it says AFFIDAVIT OF SERVICE. She has not been served. She fled to florida on November 1st. Should someone in our family call Maricopa County and tell them to correct the online document statement or is the fact that the affidavit says NON SERVICE of documents enough? Would the judge be confused or does he go by the actual document.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...I am not sure I understand. It sounds like there was a case filed in Maricopa...is the mom planning to attend this hearing?

Customer: replied 1 year ago.

mom relocated to florida with her kids not knowing this guy filed paternity/custody papers. The process server did not serve her and filed an affidavit of non-service. There is no hearing scheduled as she hasn't been served. He committed domestic violence and she asked her family for help as he kicked her out of the house. Her family covered her expenses and have provided her and the kids a place to live. They are safe. My question is: process server filed an affidavit of non service in Maricopa county. On Maricopa count superior court sight someone at the court erred and put in as the item filed as a affidavit of service when it was actually an affidavit of NON SERVICE. Should we call the court and have them correct that item description or will the judge just go by the actual document filed which was the affidavit of non-service. Thank u

Expert:  P. Simmons replied 1 year ago.

Thank you
The court will require proof of service before they will begin...so if there is no affidavit of service? There is no jurisdiction...so therefore no basis to hold a hearing.

The court will demand proof of service before the trial can commence.

Without proof of service? There will not be a trial.

You can contact the clerk of the court and notify them of the error on the website...but as I mentioned, the judge is not going to allow a trial unless or until there is proof of service.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

follow up

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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