How to Serve Custody Papers in Georgia

Why service matters

Filing a complaint does not by itself bring the other party into the case. Georgia’s Civil Practice Act requires the summons and complaint to be served on the defendant in one of the ways O.C.G.A. § 9-11-4 allows, and the time to answer runs from service. This guide covers those general rules. Some proceedings, such as contempt motions to enforce support, have additional service options of their own.

The summons

When the complaint is filed, the clerk issues a summons and delivers it for service (§ 9-11-4(a)). The summons is signed by the clerk, names the court, county and parties, and states the time the defendant has to file defensive pleadings, and notifies the defendant that judgment by default will be rendered if the defendant does not (§ 9-11-4(b)). The statewide Form SC-1, Summons (revised 1/25) tells the defendant to file and serve an answer within 30 days after service, excluding the day of service, and says that if the action pertains to a protective order, the answer is to be filed and served on or before the scheduled hearing date.

Who may serve

Under § 9-11-4(c), process is served by:

• The sheriff of the county where the action is brought or where the defendant is found, or a deputy;
• The marshal or sheriff of the court, or a deputy;
• A citizen of the United States specially appointed by the court;
• A person who is not a party, is at least 18, and has been appointed by the court to serve process or as a permanent process server; or
• A certified process server under O.C.G.A. § 9-11-4.1.

Service within Georgia is supposed to be made within five days of receiving the summons and complaint, but a later service is not invalid for missing that window (§ 9-11-4(c)).

How an individual is served

Except where service is waived, the summons and complaint are served together (§ 9-11-4(e)). For an individual, that means delivering them to the defendant personally, leaving copies at the defendant’s dwelling house or usual place of abode with a person of suitable age and discretion who lives there, or delivering them to an agent authorized by appointment or by law to receive service (§ 9-11-4(e)(7)).

A Georgia resident may also be served personally outside the state by court order, and personal service outside the state is also available in actions affecting status (§ 9-11-4(f)(2)).

Acknowledgment and waiver of service

• Acknowledgment of service. A defendant’s written admission or acknowledgment of service is proof of service (§ 9-11-4(h)(4)). In domestic relations cases, Uniform Superior Court Rule 24.3 requires every acknowledgment of service to be witnessed by an official attesting officer or the parties’ counsel, and a consent signed by both parties must have each signature witnessed the same way.
• Waiver of service. Section 9-11-4(d) also lets a plaintiff mail a written notice and request to waive service, with a copy of the complaint, using the forms in § 9-11-4(l). The defendant gets at least 30 days to return the waiver (60 days outside the United States). A defendant who returns it in time does not have to answer until 60 days after the request was sent (90 days if addressed outside the United States). Waiving service does not waive objections to venue or personal jurisdiction (§ 9-11-4(d)(1) and (d)(5)).

Service by publication

When the person to be served lives outside Georgia, has left the state, cannot be found in the state after due diligence, or is hiding to avoid service, the judge or clerk may order service by publication. The facts must be shown by affidavit, and it must appear by affidavit or a verified complaint that a claim exists against the defendant and that the defendant is a necessary or proper party (§ 9-11-4(f)(1)(A)). The statute says this applies to all civil actions, including divorce.

1. The clerk has the notice published in the newspaper where sheriff’s advertisements are printed, four times within the following 60 days, at least seven days apart. The party who obtains the order deposits the cost of publication when filing.
2. The notice directs the defendant to file and serve an answer within 60 days of the date of the order for service by publication.
3. If the absent party’s address is known, you tell the clerk, and the clerk mails a copy of the notice, the order and the complaint within 15 days after the order is filed.

These steps are in § 9-11-4(f)(1)(C). Personal service of the summons, complaint and order outside the state is treated as equivalent to publication, and the defendant then has 30 days from that personal service to file defensive pleadings.

Proof of service

The person who serves the papers files proof of service with the court where the action is pending within five business days of service. If the proof is not filed within five business days, the time for the served party to answer does not begin to run until it is filed. Proof is the sheriff’s or marshal’s certificate or affidavit, the affidavit of any other proper person, the clerk’s certificate for publication, or the defendant’s written acknowledgment, and (except for publication) it states the date, place and manner of service. Failing to make proof does not affect the validity of service (§ 9-11-4(h)).

The answer period

A defendant generally must serve an answer within 30 days after service of the summons and complaint, unless a statute provides otherwise. Certain motions under § 9-11-12 change that timing, and a counterclaim does not require an answer unless the court orders one (§ 9-11-12(a)).

Serving papers after the complaint

Later pleadings, written motions, notices and similar papers are served on each party (§ 9-11-5(a)). If a party has an attorney, service is made on the attorney unless the court orders otherwise. Service can be made by handing over a copy, by mailing it to the last known address (service by mail is complete on mailing), or by email in PDF with the words “STATUTORY ELECTRONIC SERVICE” in the subject line, sent to every email address the person provided when consenting to electronic service (§ 9-11-5(b) and (f)). A party who is not an attorney consents to electronic service by filing a notice of consent or by putting an email address in or below the signature block of the complaint or answer, and may rescind that consent by filing and serving a notice (§ 9-11-5(f)).

One special rule applies to enforcement: in a contempt proceeding to enforce alimony or child support, the motion and rule nisi may first be sent by first-class mail with a notice and acknowledgment form, and if the acknowledgment is not returned within ten days, service is made under § 9-11-4 (O.C.G.A. § 19-6-28(b)).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• O.C.G.A. § 9-11-4, process and service
• O.C.G.A. § 9-11-5, service of later pleadings
• O.C.G.A. § 9-11-12, time to answer
• O.C.G.A. § 19-6-28, contempt rule nisi by mail
• Uniform Superior Court Rule 24.3, acknowledgments and waivers
• Form SC-1, Summons (revised 1/25)
• Supreme Court of Georgia, Superior Court standard forms