Changing a Family Court Order
I am filing a Modification Motion. Do I need to have the other party served?
Yes. If the other party is not served and does not show up to court, the judge or court commissioner will not hear your case that day.
How should I have the other parent served?
If you are filing a motion to change custody or placement, you should have the other parent personally served. This means that a person must hand the papers directly to the other parent. You can have your spouse personally served in one of four ways:
We recommend using the Sheriff’s Office or a private process server because they are the most reliable options. The other options, even if done 100% correctly, carry a risk that a judge or court commissioner may determine your service was not proper. If service is not proper, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
If you are filing a motion to child support or arrears payment ONLY, you may ask Child Support Services to mail the motion to the other parent. If they have an updated address, Child Support Services can do this for a fee. It is not recommended to have Child Support Services mail the motion if you are asking to make changes to custody or placement.
Can I just hand the papers to the other parent myself?
This is not recommended and may not be proper service. The other party must complete an Admission of Service, sign it, and give it back to you. Additionally, some judges and court commissioners are distrustful of the Admission of Service and may not accept it as proper service if the other parent does not attend the hearing. If the judge or court commissioner does not accept the Admission of Service, your case will not be heard at your court date.
Can I mail the motion to the other parent?
You can mail a copy of the motion at the post office using Certified Mail, Return Receipt Requested. Keep your receipt and bring it to your court date.
This is not recommended as the only form of service because, if the other parent does not attend the court hearing, the judge or court commissioner may not hear the case.
What happens once the other parent has been served?
If you used the Sheriff or private process server, you will receive an Affidavit of Service in the mail. Keep that document and bring it to your court date.
If Child Support Services mailed the motion, you should pick up an Affidavit of Mailing from the Child Support Services office before your court date. Bring that document to your court date.
I am filing a Stipulation. Do I have to have the other parent served?
No. Because both you and the other parent have agreed to the changes and signed / dated the Stipulation form, no one needs to be served with papers. The Family Court Commissioner’s Office will send a signed copy to each parent once it has been approved.
Yes. If the other party is not served and does not show up to court, the judge or court commissioner will not hear your case that day.
How should I have the other parent served?
If you are filing a motion to change custody or placement, you should have the other parent personally served. This means that a person must hand the papers directly to the other parent. You can have your spouse personally served in one of four ways:
- through the Sheriff’s Office in the county where your spouse lives;
- through a private process server in the location where your spouse lives;
- through a third-party Affidavit of Service; or
- through an Admission of Service.
We recommend using the Sheriff’s Office or a private process server because they are the most reliable options. The other options, even if done 100% correctly, carry a risk that a judge or court commissioner may determine your service was not proper. If service is not proper, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
If you are filing a motion to child support or arrears payment ONLY, you may ask Child Support Services to mail the motion to the other parent. If they have an updated address, Child Support Services can do this for a fee. It is not recommended to have Child Support Services mail the motion if you are asking to make changes to custody or placement.
Can I just hand the papers to the other parent myself?
This is not recommended and may not be proper service. The other party must complete an Admission of Service, sign it, and give it back to you. Additionally, some judges and court commissioners are distrustful of the Admission of Service and may not accept it as proper service if the other parent does not attend the hearing. If the judge or court commissioner does not accept the Admission of Service, your case will not be heard at your court date.
Can I mail the motion to the other parent?
You can mail a copy of the motion at the post office using Certified Mail, Return Receipt Requested. Keep your receipt and bring it to your court date.
This is not recommended as the only form of service because, if the other parent does not attend the court hearing, the judge or court commissioner may not hear the case.
What happens once the other parent has been served?
If you used the Sheriff or private process server, you will receive an Affidavit of Service in the mail. Keep that document and bring it to your court date.
If Child Support Services mailed the motion, you should pick up an Affidavit of Mailing from the Child Support Services office before your court date. Bring that document to your court date.
I am filing a Stipulation. Do I have to have the other parent served?
No. Because both you and the other parent have agreed to the changes and signed / dated the Stipulation form, no one needs to be served with papers. The Family Court Commissioner’s Office will send a signed copy to each parent once it has been approved.
Enforcing a Family Court Order
If you are asking a judge or court commissioner to hold another person “in contempt of court” for not following a court order, the papers must be personally served. This is true for both the Enforcement of Physical Placement and the Order to Show Cause & Affidavit for Contempt.
Personal service means that a person must hand the papers directly to the other parent. You can have the other parent personally served in one of four ways:
We recommend using the Sheriff’s Office or a private process serve because they are the most reliable options. The other options, even if done 100% correctly, carry a risk that a judge or court commissioner may determine your service was not proper. If service is not proper, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
Personal service means that a person must hand the papers directly to the other parent. You can have the other parent personally served in one of four ways:
- through the Sheriff’s Office in the county where your spouse lives;
- through a private process server in the location where your spouse lives;
- through a third-party Affidavit of Service; or
- through an Admission of Service.
We recommend using the Sheriff’s Office or a private process serve because they are the most reliable options. The other options, even if done 100% correctly, carry a risk that a judge or court commissioner may determine your service was not proper. If service is not proper, your case will not be heard at your court date and you may have to start the entire process over from the beginning.