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AngelaAZ

Junior Member
What is the name of your state (only U.S. law)? Arizona

My divorce was recently final. I filed for divorce had him served by a sheriff and waited. He filed no answer so I filed for default. He did not show up to the default hearing. In Arizona to have joint custody both parents have to sign a parenting plan. He stated multiple times he wanted joint custody. I offered to sit down with him and come up with a parenting plan and he refused in writing each time, stating that he hates me and won't ever be around me again.

Forward to now, the parenting plan the court ordered states that I have sole legal and physical custody of our children. The court mailed him a copy of the papers and he's very upset I went through with the divorce stating he's going to sue me for custody.

Given the fact that he made no attempt to file an answer or show up in court if he files is there a chance we're going to end up in court over this? I know he won't get custody, and I'd be happy to agree to joint if he'd co-parent with me. I just want this over. Also, the parenting plan stated he had 24 hours to give me his address and he's still refusing. He just passes messages to me through the kids calling me names (via text message.) I hate to file for contempt this soon but I also hate to send my children with him when I don't know where he lives.What is the name of your state (only U.S. law)?
 
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Hisbabygirl77

Senior Member
What is the name of your state (only U.S. law)? Arizona

My divorce was recently final. I filed for divorce had him served by a sheriff and waited. He filed no answer so I filed for default. He did not show up to the default hearing. In Arizona to have joint custody both parents have to sign a parenting plan. He stated multiple times he wanted joint custody. I offered to sit down with him and come up with a parenting plan and he refused in writing each time, stating that he hates me and won't ever be around me again.

Forward to now, the parenting plan the court ordered states that I have sole legal and physical custody of our children. The court mailed him a copy of the papers and he's very upset I went through with the divorce stating he's going to sue me for custody.

Given the fact that he made no attempt to file an answer or show up in court if he files is there a chance we're going to end up in court over this? I know he won't get custody, and I'd be happy to agree to joint if he'd co-parent with me. I just want this over. Also, the parenting plan stated he had 24 hours to give me his address and he's still refusing. He just passes messages to me through the kids calling me names (via text message.) I hate to file for contempt this soon but I also hate to send my children with him when I don't know where he lives.What is the name of your state (only U.S. law)?
If he did not give you his address I would go back to court and file for contempt. I wouldnt hesitate to file. If he files for custody you will have to back to court but they are going to look at the fact that he couldnt be bothered to show. Basically the same thing happened with me and my ex. (this was in arizona as well) After the fact when he didnt show/file anything with the court he decided he wanted joint custody. We went back to court and he was not awarded it. He was given more visitation with the chance to review the order in a year and if he utilized consisently his visitation they would decide at that time if he would get joint. He didnt so the court didnt. It really just depends on the judge.
 

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