Do you have to serve the other parent with a summons?
A copy of the summons and complaint (and anything else you filed) must be hand-delivered to the other parent (the “Defendant”). This is called “service of process.” The Court does not serve the papers for you. It is up to YOU to make sure the other parent gets served. Please read the information on this page very carefully.
Can you serve the paternity papers on Yourself?
You can serve the documents yourself ONLY IF the Defendant is willing to waive formal service. You have to give Defendant a copy of the documents, along with a notice and a waiver. If Defendant signs the “Waiver of Service of Summons and Complaint,” Defendant will have additional time to file a response to your papers.
Can a court serve the papers for the other parent?
The Court does not serve the papers for you. It is up to YOU to make sure the other parent gets served. Please read the information on this page very carefully. If the other parent is not properly served, your case could get dismissed and you will have to start all over!
When to file financial disclosure form in paternity case?
If the other party filed a “Complaint for Custody,” use this form. If the other party filed a “Complaint for Paternity,” use this form. You (and the other parent) have to file a Financial Disclosure Form (“FDF”) within 30 days of when you file your Answer.
A copy of the summons and complaint (and anything else you filed) must be hand-delivered to the other parent (the “Defendant”). This is called “service of process.” The Court does not serve the papers for you. It is up to YOU to make sure the other parent gets served. Please read the information on this page very carefully.
Is there a presumption of paternity for unmarried fathers?
Legally, there is no presumption of paternity; this means that unwed fathers are not, by default, assumed to be biologically related to their children. This type of situation can prevent the father from being awarded visitation rights or child custody. This situation may seem unfair at first for unmarried fathers.
You can serve the documents yourself ONLY IF the Defendant is willing to waive formal service. You have to give Defendant a copy of the documents, along with a notice and a waiver. If Defendant signs the “Waiver of Service of Summons and Complaint,” Defendant will have additional time to file a response to your papers.
When to use petition to establish paternity and other relief?
USE THIS PACKET IF: 1) THERE HAS NEVER BEEN AN ORDER ADDRESSING PATERNITY, PARENTAL RESPONSIBILITY, PARENTING PLAN/TIMESHARING, CUSTODY, VISITATION, OR CHILD SUPPORT FOR THE CHILD(REN) IN THIS ACTION, and 2) YOU ARE THE CHILD’S MOTHER OR BIOLOGICAL FATHER, and
When to file a paternity action in California?
The mother, a man alleging to be the child’s father, or the department or its agents must file a paternity action not later than two (2) years after the child is born, unless: both the mother and the alleged father waive the limitation on actions and file jointly;
What happens when a child support case is opened?
After the case is opened, the parent being asked to pay child support will be given a Summons and Complaint packet. This is legal notification that you have been named in a child support case. You only have 30 days to respond, or a “default” child support order may be ordered by the judge without your financial situation being considered.
When do you need a court order to establish paternity?
See Establishing Legal Parentage. If the child was conceived during the legal marriage of the parents, the law assumes the husband is the father of the child in most cases. If the parents are unmarried or the child was conceived prior to the marriage, a court order may be necessary.
If the other party filed a “Complaint for Custody,” use this form. If the other party filed a “Complaint for Paternity,” use this form. You (and the other parent) have to file a Financial Disclosure Form (“FDF”) within 30 days of when you file your Answer.
What to do if you lose child custody to your ex?
Some parents have actually lost child custody because of their demonstrated unwillingness to collaborate with the other parent. So remember that while you may not like your ex, he or she is a part of your kids’ lives, and you need to show the family court that you’re willing to work together. Do exercise your parental rights.
Where to find attorney in termination of parental rights case?
You can find the attorney’s name and address on the upper left corner of your spouse’s documents. After serving the documents, you will need to fill out a Certificate of Service. This form tells the court when, where, and how you served the documents.
Can a boyfriend or girlfriend serve a custody document?
Family members and significant others (boyfriends/girlfriends) cannot serve the documents. You can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee. Visit the Sheriff’s Civil Process Section for more information on their fees and services. CAUTION!
Some parents have actually lost child custody because of their demonstrated unwillingness to collaborate with the other parent. So remember that while you may not like your ex, he or she is a part of your kids’ lives, and you need to show the family court that you’re willing to work together. Do exercise your parental rights.
Family members and significant others (boyfriends/girlfriends) cannot serve the documents. You can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee. Visit the Sheriff’s Civil Process Section for more information on their fees and services. CAUTION!
When to call the police in a child custody case?
When your ex-wife violates the child custody or visitation order and denies your parenting time, many divorced dads wonder if they should immediately call the local police. Unfortunately, enforcement of a divorce decree sometimes depends on the attitude of your local law enforcement.
What happens if you receive a summons in a civil case?
In civil lawsuits, a summons is issued by to the defendant in the lawsuit, requiring his or her presence to defend a case. For example, if someone sues you in small claims court, the court sends out a summons requiring you as the defendant to attend the hearing at a specific place and time.
Where do I find the summons and complaint form?
On the first page of the summons or complaint, there’s a “caption” (heading). That caption should indicate which court the case was filed in (district or justice). The forms below are available for free at the Self-Help Center, or you can download them on your computer by clicking one of the formats underneath the form’s title below:
What should I do if I receive a debt summons?
If you have received papers made to resemble official court documents you should contact an attorney to discuss possible claims under the Fair Debt Collection Practices Act. The Summons says if a complaint is not filed within ten (10) days after service the lawsuit will be deemed dismissed and I won’t have to file an answer. What does this mean?