What you need to know about serving a parent with child custody papers
California law has a different protocol on serving child custody papers compared to other legal issues. Here is how to serve a parent with child custody papers in California and its related costs.
To begin the process of serving child custody papers, one must acquire the necessary documents that California law requires. Following the completion of this paperwork, the other parent or guardian must be served by an individual who meets the qualifications for a child custody server. Finally, the server must complete a proof of summons to certify that the papers were delivered to the other parent or guardian.
Related: California’s Child Custody Process
How to begin the process of serving child custody papers
1. Obtain the required documents
To begin the process, the parent or guardian seeking custody must file for child custody through the court clerk. This may be the only financial concern when serving child custody papers. The Superior Court of California requires a $435.00 fee to file for custody and support of minor children. This may be a financial burden to those attempting to pay for the cost of serving child custody papers, however, the filing individual may be eligible for a fee waiver through their local county clerk.
After filing for child custody, the Superior Court of California requires three necessary documents to be completed and then served to the other parent or guardian:
- The Summons (Child Care & Custody Law)
- The Petition for Child Custody (CA GC-120)
- The Declaration Under the Uniform Child Custody and Enforcement Act (UCCJEA)
Other documents may be required depending on the parents’ specific situation. For example, if a parent filed a Joint Preliminary Injunction, a copy should be included when the papers are to be served.
2. Select an eligible server
There are different requirements for who is eligible to serve child custody papers in comparison to servers in other legal proceedings. California requires that child custody papers be personally served. Here’s everything you need to know about what personal service of paper entails.
Serving child custody papers requires the action to be completed by a “disinterested person” who is not a party in the case and is over the age of eighteen. Additionally, in the case of child custody papers, the documents cannot be served by a family member or a significant other of the involved parties. The act of serving papers is free of charge and includes no additional fees.
Related: What a Process Server Can and Can’t Do in California
The filing parent also has the option to hire a licensed, professional server or the Sheriff’s department to serve the documents. This would be the only option that includes a cost in serving child custody papers. The fee for hiring a process server in California can range anywhere from $20.00 to $100.00 depending on the county and the individual server.
Related: How to Serve Child Custody Papers in California
3. File the Proof of Service of Summons
The final step in serving child custody papers is filing the Proof of Service of Summons.
The selected individual who served the papers must complete a form entitled “Proof of Service Summons” that verifies the delivery of the papers to the other parent or guardian, certifies the service of papers, as well as stating the time, manner, and method of delivery. Upon completion of this form, the server is required to submit it to the Family Law Department.
Additionally, if the server is not able to submit the Proof of Service to the local Family Law Department, the legal proceeding could be at risk of dismissal for incomplete service of process.
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If you need assistance with serving child custody papers in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Custody Attorneys today!