How Court Papers Are Served in New York Family Court

What has to be served

When you file a petition, the clerk prints a summons that tells everyone when and where to appear. The respondent must receive a copy of the summons and the petition. Family Court Act § 154-a requires that in every Family Court proceeding a copy of the petition be served on the respondent at the time of service of process or, if that is not practicable, at the respondent's first court appearance.

In a support case, CourtHelp adds that the financial disclosure form is served along with the summons and petition. In a custody case brought by a non-parent, CourtHelp says both parents must be served.

Who serves the papers

CourtHelp explains that this depends on the county. In some counties, the court serves the papers on the respondent. In others, the petitioner must arrange service. You will get instructions when you file.

• You cannot serve them yourself. CourtHelp states that petitioners are not allowed to deliver the papers to the respondent themselves, and that a party can never serve legal papers unless a judge gives permission. You may go along with the person serving.
• Who can. A paid process server, or another adult such as a friend. CourtHelp says the person serving must be 18 or older. CPLR 2103(a), which applies in Family Court where the Family Court Act does not prescribe a procedure (Family Court Act § 165), says that unless otherwise prescribed, papers may be served by any person who is not a party and is 18 or older.
• New York City limit. CourtHelp notes that in New York City, the person serving the papers is not allowed to serve more than five legal papers each year.

CourtHelp describes custody papers as served on the other side in person, and notes that papers cannot be served on Sundays or on a person's religious observance days.

Proof of service

If you arranged service, the person who served the respondent fills out an Affidavit of Service. CourtHelp describes it as signed in front of a notary. CPLR 2106 also allows an affirmation under the penalties of perjury in place of an affidavit, so ask the clerk which your court accepts. CourtHelp says it describes what was delivered, who delivered it, where, the date and time, how, and, if the papers were handed to someone, a description of that person. File it with the court before the hearing if you can, and bring a copy on the court date.

Support cases have their own statute

Family Court Act § 427 governs service of a summons and petition in support proceedings:

• Personal delivery to the respondent at least eight days before the appearance date in the summons, or delivery to a person of suitable age and discretion at the respondent's business or home plus mailing to the last known residence, also at least eight days before the appearance date.
• If personal service fails after reasonable effort, the court may order substituted service as provided in the CPLR.
• Service by mail alone to the last known address is also permitted, at least eight days before the appearance date, subject to the statute's further requirements.

Serving someone in another county

Family Court Act § 154(a) lets the Family Court send process into any county of the state for service. Section 154 also addresses sending process outside the state in support, paternity and certain order of protection cases. Ask the clerk how to proceed if the other parent lives out of state.