Legal Question in Family Law in Maryland

what does this mean in a custody case Request for Order of Default/Non-Mil.Aff (as to Michelle A. Briscoe)

***Denied at this time - Affidavit of service not complete***

Asked on 10/15/13, 4:07 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher
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The petitioner attempted to serve the court papers on Ms. Briscoe, and when she didn't file a response within the 30 day time limit, the petitioner asked the court to enter a default. The rules don't allow the entry of a default against a person in the military, so the request for default had to be accompanied by an affidavit that Ms. Briscoe was not in the military. However, apparently the court found that the affidavit filed by the petitioner describing how, when and to whom service of the papers was accomplished lacked sufficient detail to perfect service, so the request was denied. The petitioner will either have to serve the papers again or revise the service affidavit to overcome the problem.

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Answered on 10/16/13, 5:51 am

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