If the defendant signs the return receipt for your certified mailing, you'll receive it in the mail. File the return receipt, the send receipt and a completed Affidavit of Service by Mail within 10 days of when the defendant signed. If the defendant refuses your certified mailing but the post office doesn't return your standard mailing within 15 days, service is complete.
You must file the returned certified mailing with a note stating the defendant refused service, plus an affidavit stating the standard mail was not returned.
If the defendant refuses your certified mailing and the post office returns your standard mailing within 15 days, you must use personal service. You cannot personally serve the defendant, but any nonrelative over 18 and uninvolved in the case may, such as a friend, process server or sheriff.
To ask a sheriff to serve, complete a Civil Process Service Request form, available at the sheriff's office. The sheriff will confirm with the court that the defendant received the forms. Process servers can locate the other parent if their whereabouts are unknown. If someone other than a sheriff delivers the paperwork, he or she must complete and file an Affidavit of Personal Service. If you accept service by mail, you must file an Acceptance of Service form within 10 days.
If you won't hire an attorney for your case, file a Self-Represented Party Entry of Appearance form within 20 days of service. Otherwise, your attorney must draft a written appearance.
Filing an answer within 20 days of service is optional. It allows you to deny any accusations and state what you want for your child. It's best to hire an attorney to write this, but you may draft one independently.
Title the document Answer. Copy the names of the court and each party as they appear on the custody complaint, as well as the case number.
Below that, include numbered responses to each of the plaintiff's claims. Children Laws. If you are considering PA guardianship for a child or a disabled adult, you may be wondering what you can expect from the family court system. Pennsylvania guardianship is a major commitment for any person, and should not be taken lightly. This guide will explain some of the reasons that a child or disabled adult may need guardianship, and the different types of guardian arrangements available under PA guardianship law.
In most cases, a child's legal guardian is his or her parent, and Pennsylvania guardianship laws do not allow any court hearings to create this legal relationship. However, in some cases, a parent is not available to take care of a child. This may be due to the death of a parent in some cases, or a severely debilitating illness.
The court may require that you appear in person for a hearing or a judge may decide based upon the information you provide on the In Forma Pauperis form. Instructions are included in the form.
Once completed, take the IFP form to the appropriate records office in your county courthouse. This office is called the Prothonotary or Office of Judicial Records. You must print each form and take it to the designated office in your county courthouse. Before you initiate a custody action, make sure you know the appropriate county court to bring this action.
For child custody proceedings, use the forms below:. A Pennsylvania lawyer will be familiar with the state court system, filing procedures and applicable forms for applying for legal guardianship. Go to a local Orphans' Court in Pennsylvania nearest the county where the person you are seeking guardianship for lives. The Orphans' Court in Pennsylvania handles all matters for minors and incapacitated people in the state. Visit the court website or call the court to find out about locations and hours.
Complete the appropriate forms for the type of guardianship you are seeking and file them with the court. Usually the forms will require both your signature and the signature of the person for whom you seek guardianship.
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