Child Custody Process Question


#1

Recently filed with Wake County a complaint for Joint Custody. This started the process in the court system which allowed us to get an orientation date. Summons was sent to Ex-Wife via certified mail. Ex-Wife did not sign for the letter for any other reason than she did not get around to it. Verbally let her know the date of orientation in which we both attended and were assigned mediation with the court appointed mediators. We both Attended both mediation sessions and agreed upon custody. The parenting agreement was signed by both of us and sent to the judge for signing. Got a call yesterday stating that the judge would not sign the agreement because the ex-wife never signed for the complaint/summons initially and she must be served again with the complaint.

My fear is that this will prolong/ruin this whole process of mediation . I know there are rules, but considering we were both in the orientation and Mediation sessions and signed a parenting agreement I am not sure why the judge would stop this whole process for a signature on a certified mail receipt. Is there any way to skip the lengthy process of having her served again and have her sign something? I keep hearing about some sort of affidavit but don’t quite understand.

Thanks for your help and the service you are providing.


#2

She can sign an affidavit of service which acknowledges that she was served, lists the date she was served, and is signed by her in the presence of a notary.