Default Judgment Custody Process

Summary

In Arkansas, to seek a default judgment in a child custody case, you must file a motion and ensure proper service of notice. If the other party cannot receive mail, alternative methods like personal delivery by a sheriff or publication in a newspaper may be used. The court can grant a default judgment without a hearing if the other party fails to appear, but this depends on the judges discretion and local court rules. The circuit court clerk can provide guidance on whether a hearing is necessary. Always verify with the court for specific service methods allowed in your jurisdiction.

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I am in Arkansas. 30 days have passed since I served my ex with my initial summons to modify custody order. I want to ask for a default judgment. How do I notify my ex who has not appeared in the case and how much notice am I required to give him? He cannot recieve mail at his residence
In Arkansas, for a default judgment in a custody case, you need to:
- File a motion for default judgment with the court.
- Notify your ex through alternative methods if he can't receive mail, like personal delivery or publication.
- Check local court rules for specific notice requirements.
Have you considered how you might serve him through alternative methods?
No. I can use personal service by sheriff if needed. Can the courts grant my motion without a court date? Since he has not appeared in the case
In Arkansas, a court can grant a default judgment without a court date if the other party fails to appear, but it often depends on the judge's discretion and local court rules. You should check with the court clerk to confirm if a hearing is needed in your specific case.
Would the circuit court clerk be able to tell me?
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Yes, the circuit court clerk should be able to provide you with information regarding whether a hearing is needed for your motion for default judgment in your specific case. They can offer guidance on the local court rules and procedures.
What is the law for default judgement in regards for child custody in Arkanas
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In Arkansas, for a default judgment in child custody cases:
- A default judgment may be granted if the other party fails to respond or appear after being properly served.
- You must file a motion for default judgment and prove proper service.
- Local rules and the judge's discretion influence the decision.
According to arkanas law, what type of service of notice of default judgement for child custody is allowed
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In Arkansas, for serving notice of a default judgment in child custody cases, you can use:
- Personal delivery by a sheriff.
- Publication in a newspaper if personal service is not possible.
Always check with the court for any additional methods specific to your jurisdiction.