Legal Question in Family Law in New York

How to serve a summons

I need to have my husband of 18+ years served with custody papers. He is now living with his girlfriend and her daughter. I filed with the County of Monroe and they said I could have anyone unassociated with the case over the age of 18 serve him. I need to make sure it is done correctly, but can't afford to pay someone to have it done. What is the correct protocol/procedure? I don't want him to be able to use any errors that might be made to fight this or to not show up in court.


Asked on 9/09/06, 3:49 pm

2 Answers from Attorneys
John O'Donnell Attorney at Law

Re: How to serve a summons

The instructions you received are correct. Ideally, you want the person serving the papers to hand them directly to your husband. If this is not possible, there are other ways of effecting service (I would recommend that you speak with the court clerk for further instructions).

After the person serving effects service, they should prepare an affidavit of service. The court clerk should have provided you with this form. Bring the form with you when you go to court.

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Answered on 9/09/06, 5:41 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: How to serve a summons

Personal Service by a "friend" on an Ex, is often complicated and ultimately costs more than planned.

So,... Suggest that you ask the Monroe County Sheriff to Serve your papers. The cost is fairly nominal, and their service will be efficient and according to the rules and regulations for Service.

Good luck,

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Answered on 9/09/06, 5:51 pm


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