Parental Rights & Obligations

questions & answers

Question: I am trying to serve through publication. Case and child are in maricopa. I don't know where mom is but think she might be in Washington. I was unsuccessful at all address I found her name linked to. Do I need to publish in maricopa paper or the paper where it is believe she might be?

Answer:

Service by publication is allowed by Rule 4.2 of the Arizona Rules of Civil Procedure, Section (f) only under the following circumstances:
(A) The last-known address of the person to be served is outside Arizona, but:
       (i) the serving party (you), 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.

The Rule goes on to instruct you to publish in the County where the action is pending.  Maricopa County.  The Rule requires that you publish the notice once a week for 4 successive weeks in a newspaper of general circulation in the county where the action is pending.

QUESTIONS

  • I am trying to serve through publication. Case and child are in maricopa. I don't know where mom is but think she might be in Washington. I was unsuccessful at all address I found her name linked to. Do I need to publish in maricopa paper or the paper where it is believe she might be?

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