child support

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Respondent

The person who responds to the petitioner. If you did not file the petition to start a court case, and you are named in the case, you are the respondent. In family matters, the terms petitioner and respondent are used in domestic violence cases and dissolutions. This person is the respondent for as long as the case is open.

Question: What to say to respondent when delivering court summons to appear? My niece is delivering a court summons to appear; my son being the respondent--I am asking for Grandparent's Rights. Jeff, my son is angry with me and will not allow me to see my granddaughter. It is to her best interest that my husband and I be allowed visitation. The biological mother is unavailable. The grandparents are important to the natural and healthy development of the minor child. My niece doesn't know what to say when handing the papers to my son, the respondent. Also he must sign the proof of service. What is the best words to use when handing the papers to him?

Answer: First of all, it is NOT a good idea to have your niece serve him. Although California law provides that any person at least 18 years of age may serve a summons, it is always best to have it served by a disinterested party. Further, he does NOT need to sign the acknowledgment of service. This is only required to be signed by him and returned when he is served by mail. It basically acknowledges receipt of the summons that was not personally handed to him. If he fails to sign and return this acknowledgment, he is responsible for costs to serve him personally afterward.

 


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