Legal Question in Family Law in Indiana
I live in Indiana. My fianc� is going to court tomorrow for a custody hearing. His ex wife has filed for a modification of custody. She never sent us copies of the papers she filed with the court. On the last page of the packet , is a Certificate of Service paragraph to sign indicating that copies of were sent to the other party. She was allowed to file AND have her hearing date set without signing under that paragraph or sending us copies. My fianc�' picked up copies of the packet she filed from the courthouse yesterday. Why is there going to be a hearing if she didn't sign that paragraph or send us copies? How and why was she even allowed to file without having fully filled out the paperwork? Is she not REQUIRED to serve us with papers?
1 Answer from Attorneys
She is required to provide a Certificate of Service but the requirement can be satisfied at the hearing. How is it that your fiance knew to pick up the papers?