questions & answers

Question: I am trying to file for full custody for my 2 year old son. He lives with me full time since my ex husband has moved out of state. Since he has left he has no paid child support either. My problem is that I don't know his address or where exactly he works. I feel like I should be able to ask him but he always dodges the questions. His family doesn't really like me and blames me for the divorce. I filed originally through pinal county. Do i have to file through them again?

Answer: You generally file in the county where you live.  If the divorce took place in Pinal County, you should file there and ask that the case be moved to the county where you currently live.  Arizona Rules of Civil Procedure allow for service of legal papers by publication, but the rule requires you to first make diligent efforts to find you ex-husband's address.  Rule 4.2(f) states:
 (1) Generally, a party may serve a person by publication only if:
      A. the last known address of the person to be served is outside  Arizona, but:
            (i) the serving party, despite reasonably diligent efforts, has not been able to ascertain the person's current address, or
            (ii) the person has intentionally avoided service of process, and
     B.  Service by publication is the best means practicable in the circumstances for providing notice to the person of the action's         commencement. 
There are many pitfalls with serving by publication.  You should at least talk to a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.