The Question:
What if the divorce papers served to me has no signature but stamped by the court? Is that valid? Just got served divorced papers and trying to see what I do next because he is trying to get custody of my children, but he is not the biological father. I also noticed that papers have no signatures.
RJ Says:
WHEN WERE YOU SERVED? If you were served in Arizona, you have 20 days to file a Response. You certainly need to file a Response and defend that he is not the biological Father. I need to know more though to give more specific advice. Were the children born during your marriage to him?
Under Arizona law, (A.R.S. §25-814), he is “presumed” to be the father of the children AS A MATTER OF LAW if you were married to him at any time in the ten months immediately preceding the birth.
Also, under the same law, he is “presumed” to be the father of the children AS A MATTER OF LAW if you both signed the birth certificate when not married.
Finally, under the same law, he is “presumed” to be the father of the children AS A MATTER OF LAW if you both signed a witnessed statement or separate substantially similar notarized or witnessed statements parents acknowledging paternity.
THIS PRESUMPTION CAN BE DEALT WITH, but you must present clear and convincing evidence.
As to signatures, yes technically he is supposed to sign. But my advice would be that you so file a timely response anyway asserting that he is not that biological Father.