The State of New York recognizes that, in a custody case, all parties have a right to prove that they uphold the best interest of the child. That’s why when you start a NY custody case, you are obliged to notify the other parent through process service. A copy of the summons and complaint (as well as other legal documents you have filed) should be delivered to the other party.
If the other party doesn’t receive the court documents, the court won’t be given jurisdiction and will have no power to proceed with the case. It is important, therefore, that the process of service should be followed diligently.
Process Serving in Custody Cases
The type of petition to be filed and the court where it will be filed depends on the situation. For instance, if two individuals are married and are in the middle of a divorce proceeding, one or both of the parents file for custody as part of the divorce. If the parents are already divorced, the party that doesn’t have custody may file a petition to modify the custody order. If the parents were never married, either parent could file for custody.
Once the appropriate petition is filed, the other party should be served with:
- A copy of the filed Complaint for Custody
- A copy of the Summons
- A copy of the Joint Preliminary Injunction (if filed)
The party that filed the case keeps the original document, which will be returned to the court for filing after the other parent has been served. The petition and summons should be served at least eight days before the first court appearance.
Who Can Serve Papers in a Child Custody Case?
In child custody cases, proper service of legal documents is crucial to certify both parties are informed and can respond. New York State has specific rules about who can serve papers to maintain fairness and avoid conflicts of interest. Hence the importance of following civil procedure for court cases. Below is a comprehensive overview of mandatory considerations needed for those who participate in child custody process service.
1. Age and Independence Requirements
New York law mandates that the person serving custody papers must be at least 18 years old and not a party to the case. This ensures neutrality, minimizing bias or undue influence in the legal process.
2. Professional Process Servers
Many people hire licensed professional process servers, especially in high-conflict cases. Process servers are familiar with legal procedures and ensure that all service requirements are met. In New York, those serving more than five documents a year must be licensed, ensuring they are trained and follow proper protocols.
3. Sheriffs and Law Enforcement Officers
Law enforcement officers, such as sheriffs, can serve custody papers, especially when the respondent may attempt to evade service. They provide an authoritative and reliable method of delivering documents, ensuring proof of service is upheld in court.
4. Serving by Mail in Specific Circumstances
Service by certified mail is allowed in limited cases, often requiring court approval. This method ensures receipt through a signed return receipt and is typically used when personal service is impractical.
5. Process Servers for Out-of-State Parties
When one party resides outside of New York, out-of-state process servers may be used. These servers must meet the same qualifications, and the service must comply with both New York and the other state’s laws, often under the Uniform Interstate Family Support Act (UIFSA).
Forms of Process Service in Custody Cases
In child custody cases, hand delivery, also known as personal service, is the most effective and reliable form of process service. It eliminates any doubt that the other party received the court documents and has been formally notified of the case.
In case personal service is not possible, the family court may choose to mail the summons to the recipient, especially in cases where a party seeks to modify a custody order. The mail should be clearly labeled “personal and confidential” to maintain security. The family court can also allow a substitute service, where the papers are served to a person of suitable age and discretion at the residence or place of business of the other party.
Another form of service is nail and mail, in which the papers are “nailed” to the door of the recipient’s residence or place of business and then mailed within 20 days. When the recipient appears in court after receiving the mail and submits to jurisdiction, they cannot blame the manner of process service as the problem. After all, the papers affixed to the door could not have been missed.
Choose Seasoned Process Servers
Because the child’s interest is at stake, summons and petitions must be delivered to the involved parties promptly.
Serve Index LLC has years of experience in serving papers in custody cases in New York. We employ effective tracing methods to locate the individuals in question so that you can proceed with your custody case.
Inquire about our services today. Contact us to get a free quote.