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Serving Papers to Summon the Other Parent

April 05, 2012 | Comments: 0 | Views: 189

If you are in a marital relationship and have kids, while your relationship with your spouse is deteriorating, you must have decided to involve the court. Remember that if the papers are not delivered according to rules, the document will become void. Here is what you have to do to ensure that serving papers is done correctly.

When you or your attorney has filed the case in court, the clerk will give you a packet. That packet must be delivered to the other parent.

It is important that the affidavit should be signed in the presence of a Notary Public. The Notary Public is authorized to witness the signature. The state officially delegates the person with this duty.

Serving papers can be done by anyone above eighteen years of age. In most cases it is preferable to hire a process server. There are times where the sheriff may be the best person to deliver the papers. In any of these cases, it is important to ensure that the papers are delivered within a time limit set by the law or rules of the court.

The method of serving papers to the other parent can be by delivering it in hand directly. Depending on the laws and rules of the state and the court, it may be delivered to a resident of the parent's home.

Sometimes you may not know where the other parent is located. For the case to proceed, you will need to locate them. If, however, you are unsuccessful in finding where the absent parent is located, you can ask the court for permission to publish a public notice informing the absent parent of the need to appear in court.

To locate the absent parent, you can also contact their family, former employers, friends or check property and divorce records.

Some people also hire process servers who offer locator services. A locator service is extensive and can locate people who are hard to find otherwise because they have an unlisted phone number or because they have moved to another location.

No matter what form of delivery you use, the 'receiving' is very important. If the other parent fails to appear on court after the documents prove that he/she had been summoned, the court may issue a contempt of court order. However, if there is no proof of delivery, the court will not issue one because it is vital to show proof of delivery.

For more information about Serving Court Papers and Statewide Process Servers visit our website

Source: EzineArticles
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