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SUMMONS AND PETITION FAMILY LAW
Child Custody, Child Visitation, Spousal Support, Order to Show Cause, Notice of Hearing, Order of Contempt 

Court Document
Required


Two copies of the Summons and Petition, Blank Response any other required
documents. Order to Show Cause, Child Support, or Spousal Support documents.
Paternity Tests, DNA Tests, County, and Governmental Child Support Orders, County
and State Offices.

Purpose of Process


The court obtains jurisdiction of the case when the summons and petition are served.
The parties are also restrained from removing minor children and transferring
community property.

Process Server's
Instructions


Specify the name and address of the respondent; indicate any Trial Court Reduction
time period imposed by the court; list all documents to be served. The petitioner’s
attorney or the petitioner (if the petitioner doesn’t have an attorney) must sign and
date the instructions.

Manner of Service


Personal Service

Time for Service


Generally, a Summons must be served within three years after it is issued. However,
the court may require the Summons to be served within a shorter period of time,
e.g., 60 days after issuance in Los Angeles County

Fee Deposit


$85.00 or more

Fee


$85.00 or more if served, not found, or canceled.

Proof of Service


The Process Server mails a Proof of Service to the petitioner if the summons and
petition are served. If not served, a Not Found/No Service return is mailed to the
petitioner explaining the reason for non-service.

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Information Guide

A Summons is a process used by the court to obtain jurisdiction in a dissolution, annulment, or legal
separation lawsuit. The Summons also includes a temporary restraining order that restrains the parties from
removing minor children and transferring community property.

Due to a large volume of process, allow the Process Server a minimum of two weeks to make a diligent effort
to effect service. Usually, three attempts at service will be made, one of which will be in the evening if
necessary. If the Process Server cannot effect service after three attempts or it is determined that the
respondent does not live or work at the address, a Not Found fee will be assessed and the process returned
to the plaintiff with a Certificate of Not Found/No Service explaining the reason for non-service. If service is
successful, a Proof of Service is mailed to the petitioner indicating the date and time of service.

The Process Server provides a cost-effective, credible service and successfully serves most respondents.
However, the case is family law in nature and the Process Server cannot utilize criminal investigative tactics
such as stakeouts or computer inquiries (DMV, arrest records, etc.) to serve process. If it is immediately
apparent that the defendant may be evading service, the Process Server will Notify you of this Service the
process, and request more time to effect service on your respondent. Stake-outs are $35/hr with a two-hour
minimum.

Checklist

  • Fee deposit of $85.00 or more

  • Two copies of the Summons and Petition, Blank Response any other required
    documents

  • Instructions

  • Pictures of the respondent

  • Kind of car the respondent drives

  • Best time to serve the document.

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