Legal Question in Family Law in Arizona

Paternity papers served May 2002 but no real court action yet!

I was served with a paternity lawsuit in May of 2002 for a child 17 years of age. The court scheduled four separate DCMs which I could not attend and neither could the plaintiff's attorney.

I received a court notification January 14 of this year which stated if no action was taken by either party within 60 days, the case would be dismissed without prejudice.

Of course the plaintiff's attorney files a request March 17 (1 day past 60 stating he didn't receive a copy of the dismissal) for another DCM which the court denied, then files a motion to keep the case on active status for another 90 days which was granted and will expire July 21.

(The plaintiff will give a deposition July 9 in an attempt to speed this along?)

So is the court system so clogged that after almost 18 years of not being told I was supposedly responsible, I have to wait while this looms over my head for another one, two, three or more years before the court takes some sort of action?


Asked on 7/09/03, 3:02 am

1 Answer from Attorneys

Re: Paternity papers served May 2002 but no real court action yet!

The Court didn't wait 18 years to file action, the mother did. She could file paternity action at anytime and the longer she waits the less child support she will receive, if any. Just make sure you protect your rights.

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Answered on 7/09/03, 11:07 am


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