Posts tagged with "Process Service"

Foster Care In New York State

WHAT IS FOSTER CARE? 

A child in “foster care” is a child who has been placed in the care and custody of ACS and/or a foster care agency for either short-term or long-term care. Placement may be with a “foster family,” the child’s relatives, or a group home. A relative who is a foster parent is often called a “kinship” foster parent. Foster families receive foster care funds (child support from ACS) to help care for the child. ACS and/or the foster care agency have custody of the child, but the parent continues to have legal rights to make some decisions about the child’s welfare. 

HOW DOES A CHILD ENTER FOSTER CARE? 

There are a number of ways a child may be placed into foster care: 

1) A parent or legal guardian may ask to have the child placed in foster care – called a voluntary placement. 

2) The court may order the child be placed in foster care, as part of a PINS or child protective case. 

3) A child-protective agency like ACS may also remove children from their homes in emergencies if the agency determines that the children are in danger. See Paragraph C in the Child Protective Proceeding section, above. 

SERVICE OF PROCESS IN NEW YORK

What is service of process? 

Service of process is the procedure by which a party to a lawsuit gives notice of initial legal action to another party, court or administrative body in a effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. 

In laymen terms: service of process is the delivery of documents to a individual, business/organization.  For notification purposes, allowing that individual, business/organization to respond.  The term service of process is also called process service and/or serving process either term does not change the definition.

There are many rules and laws that govern service of process depending on the jurisdiction/state in which service takes place.  Within New York more particularly the five boroughs (Brooklyn, Queens, Bronx, Manhattan, Staten Island), service of process MUST be handled by licensed process servers.  In order to obtain a license within the five boroughs process servers must demonstrate the understanding of all the laws related to service of process by passing a competence exam related to New York Codes Rules and Regulation (NYCRR), Civil Practice Law & Rules (CPLR) and Federal Rules and Civil Procedure.

Filing For Paternity And What To Expect

What Is a Paternity Case?

When a child is born to parents who are not married to each other, the biological father is not considered the child’s legal parent unless the father has signed an “Acknowledgment of Paternity” (usually done at the hospital at the time of the child’s birth) declaring himself to be the child’s father, or an “order of filiation” has been entered, which is a court order that declares that person to be the legal father. A petition may be filed in Family Court seeking an order of filiation.

Why Is it Is Necessary to Have an Order of Filiation Made?

If a man was not married to the mother of the child, he has no obligation to pay support for the child, and has no legal right to custody or visitation with the child, unless he is legally named the father of the child, through an order of filiation or an acknowledgment of paternity.

Child Support and Who May File.

When parents live separately and one parent has custody of the child, that parent, called the “custodial parent”, may file a petition in Family Court asking the court to enter an order for the “non-custodial parent” to pay child support.

A child who is not emancipated and is living away from both parents may file a petition against his or her parents asking for an order of support to be paid to the child.

When a child is receiving public assistance benefits, or is living in a foster home and receiving foster care benefits, the Department of Social Services may file a petition against the non-custodial parent or parents asking that the court enter an order for child support to be paid to the government agency while it continues to pay benefits for the child.

FILING FOR AN ORDER OF PROTECTION IN FAMILY COURT.

You must go to the Help Center (“Petition Room”) between 8:30-5:00 Mon.- Fri. After you tell the clerk at the front desk you are there, you will be given forms to fill out, including one to write down the incidents of violence. When your name is called, you will see a clerk who will write the petition based on the information you gave on the form.

There are no filing fees in Family Court.

What Should I Put on My Petition for an order of protection?

Write down as many details as possible. In order to obtain an order of protection you must state that a “family offense” occurred. Many actions are family offenses, such as when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you. Describe when each incident occurred, where it occurred, what happened, whether you were injured (bruises, cuts), and whether weapons were used. It is best to include the most recent incident, the first incident and the worst incident. If there was verbal abuse, tell the clerk the exact words the respondent used. Tell the clerk if there is criminal court involvement and if there were earlier orders of protection. Before you sign the petition, read it carefully and tell the petition clerk if anything important has been left out. Make sure the petition is accurate and fully states what you want to tell the Judge.

Who Can File For An Order of Protection in Family Court?

You can file a petition in Family Court for an order of protection if

1) you are related to the respondent by blood or marriage;

2) you are or were legally married to the respondent; 

3) you have a child with the respondent; or 

4) you are or were in an intimate relationship with the respondent.

Factors the court may consider in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”. 

Did You Know……

There are seven (7) grounds, legally acceptable reasons for a divorce in New York State?

1. irretrievable breakdown in relationship for a period of at least 6 months

This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled.

2. cruel and inhuman treatment

To use this ground, the judge will be looking for specific acts of cruelty that happened in the last five years. It is not enough that you and your spouse had arguments or did not get along. The cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant.

3. abandonment

To use this ground, the spouse must have abandoned the Plaintiff for at least one year or more. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the other spouse, this is called “constructive” abandonment.

4. imprisonment

To use this ground, the spouse must have been in prison for 3 or more years in a row. The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.

Process Server Solutions

 As a process server agency, we provide a wide range of services for your legal documentation needs. We offer full-service legal solutions for law firms, attorneys, and the general public including divorce papers, summons and complaints, family court documents, subpoenas, small claims court cases, citations, petitions, discovery documents, order to show cause, evictions, landlord/tenant notices, and more.

We offer 3 levels of service for our nationwide client base. With Routine service, your process server will make a first attempt within 3 to 5 days. Rush service  allows a process server to make an attempt on the next day, while the Same Day Service does give you a first attempt on the same day as our communication with you.

Our work includes GPS affidavits of service, as well as personalized “real-time” e-mail status. We are experts at locating missing persons, witnesses, debtors, and former tenants, and we provide you with 24 hour email access to management staff so you’re never without answers.

Getting started with Undisputed Legal is as easy as picking up the phone. Our dedicated professionals are ready to assist you. No process serving job is too large or too small for our team. Call us toll-free today at 800-774-6922 to learn more about how we can help you. When you want it done right the first time, there’s only one choice: Undisputed Legal Inc.