So I filed to reopen my custody case against my exhusband because he refuses to come to an agreement about my son starting school in August.
I filed May 11th. I sent it by certified mail to him that day. They attempted to deliver it multiple times and were unsuccessful and have been holding it at the post office since the 17th for him to pick up.
I also offered to give him a copy in person when we met for our most recent exchange (I recorded it) and he refused to even look at it.
I sent him and his wife a text letting them know they needed to go pick up the letter at the post office. They have refused to answer.
I also sent them an email with the summons and all the paperwork I filed. They have refused to answer the email as well.
He says he doesn’t care what I filed and it doesn’t matter to him…
What will happen? I know he has 30 days from when he is served to answer but what if he refuses to accept it? How long will I have to wait? Will the judge set a court date? Will he just grant my motion? All my motion asked for was that we go to mediation…
I think my ex thinks if he ignores it, then nothing will happen. I am representing myself so I don’t have an attorney to ask…
I’m in Arkansas.
I filed to reopen my custody case against my exhusband
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Can you pay to have the sheriff serve it?
they only serve until 5pm during the week and he supposedly works until 6 each day
have him served at work
no idea where he works. That’s part of the complaint that’s being filed. He won’t tell me.
Here’s a link on Arkansas law pertaining to proof of service. According to this he doesn’t actually have to acknowledge being served or take possession of the court papers.
https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-civil-procedure/rule-4-summons-and-service-of-process/rule-4-summons-and-service-of-process?fbclid=IwAR1uzMtpmhOhBbUoDgyuGgg7-ihBMwNcqda0a5m72JKUmoA2QBZZA19LEho&__cf_chl_tk=1QZ9ARg3fOfJuHdgJCxf5Yknz294ivvdv7iHlp98OP8-1653861096-0-gaNycGzNCT0
I would look up all forms of service and do them all just to cover yourself though. One option is a news paper notice in the county that he resides and the county the court is in.
Post it in the local newspaper in his home town
Have the sheriff’s office serve it to him
Once the letter is returned, print the tracking information to show you tried that
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