Who must be served in person
Some people must get a copy of the Petition and Notice of Hearing in person. The papers can't be mailed to them.
- The child's parents
- The child, if they are 12 or older
- Any person who has legal custody of the child
- Any court-appointed guardian of the child's estate (if they have one)
- Any person nominated as guardian of the child
If you filed a petition asking for someone else to be appointed guardian (not you), you must also serve them in person.
How to serve in person
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Choose a server
You can't serve papers yourself. Ask another adult who is not part of the case—a server—to deliver the papers.
Your server must be:
- 18 years old or older
- Not someone who signed the petition or who is entitled to receive notice
Your server can be:
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Someone you know
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The county sheriff (in most, not all, counties)
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A professional process server you hire
The sheriff charges to serve papers unless you have a fee waiver.
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Figure out the deadline to serve
Unless the court orders a different deadline to serve, your server must hand-deliver the papers at least 15 days before your court date.
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Have your server give the papers to the other person
Your server must find the other person and hand them:
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A copy of your Petition for Appointment of Guardian (form GC-210 or 210(P)) and any attachments
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A copy of your Notice of Hearing
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A copy of the Comparison of Guardians With Other Nonparent Caregivers (form GC-207-INFO/JV-352-INFO)
Tell your server to write down the date they hand-delivered the papers. Your server needs this date to fill out the Proof of Service form.
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Have your server complete the Proof of Service form
Use Proof of Personal Service of Notice of Hearing (form GC-020(P)).
It helps if you fill in the case number at the top.
Your server can then fill in the information about how, when, and where they handed the people the papers.
Your server must sign and date the form and return it to you.
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Copy and file the Proof of Service form
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Make a copy of your Proof of Service form. Attach the original to a copy of the Notice of Hearing and the copy to another copy of the Notice in Hearing.
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File the original attached to the Notice along with a second copy with the court where you filed the papers. The court will stamp and return the copy.
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Keep the copy of the Proof of Service form for your records.
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Guardianship
What's next?
If you haven't already, you'll need to have the child's other family members served by mail. You can also start to get ready for the investigation. Before the court date, someone appointed by the court (an investigator) will contact you.