Notice to Non-Petitioning Parent

If you are filing a name change petition on behalf of a minor child, and the child has another living parent or legal guardian, the law requires you to notify the other parent or legal guardian of the change you want to make. When you file your papers and pay the court fee, you will get a court date. The other parent or legal guardian will have a chance to come to court and speak to the Judge on the court date. Make sure this date is good for you to come back to court. Also, make sure that this date gives you enough time to serve the papers.

Before serving a copy of the court papers, make sure to fill in all the information in the Notice to the Non-Petitioning Parent: court date, time, room number and address. Fill in the index number on all the papers.

Service must be made by a person who is over 18 and “not a party to the action.” This means that you can’t serve the papers.

If the other parent or legal guardian lives in New York State you must serve a copy of the Notice to the Non-Petitioning Parent, Petition and Consent on them at least eight days before the court date. If the papers are served by regular mail, the papers must be served at least 13 days before the court date. If served by overnight delivery, at least nine days before the court date. There are only three ways to serve the papers. The person serving the papers can:

• Mail the papers by regular mail or overnight delivery to the other parent or legal guardian.
• Hand the papers to the other parent or legal guardian. This is called “personal delivery.
• Hand the papers to someone who lives or works with the other parent or legal guardian, who is responsible, not just anyone who happens to be there. This person does not have to be an adult, but it should not be a small child. This is called “substituted service.”

If the other parent or legal guardian does not live in New York State, you must serve a copy of the Notice to the Non-Petitioning Party, the Petition and Consent on the other parent or legal guardian at least 13 days before the court date. The papers must be served by registered mail addressed to the other parent or legal guardian’s last known address.

You can hire a process server. You can find a process server in the Yellow Pages. Or, you can have a friend serve the papers.

After the papers are served, an Affidavit of Service must be filled in by the person who served the papers. A process server will know what to do and may use their own form. If you had a friend make the service, they can fill in the Affidavit of Service form and sign it in front of a notary. Bring the notarized Affidavit of Service with you on the court date. If the papers were mailed and came back as undeliverable, bring them to court.

On the court date, make sure you arrive early. If your appearance is an in person court appearance, you will have to go through security and this may take some time. When your case is called, the Judge will listen to your side and the other parent or legal guardian before making a decision. The Judge may decide that day or reserve decision. If the Judge reserves decision it means that the decision will be made on a later date.