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How to Serve Family Court Papers in New York City (2025 Guide)

Updated by Our Bronx-Based Team Weekly

Learn how legal papers get served in the real NYC — from family court tips to NYCHA building strategies and what to expect from a rush job. No fluff. Just real-world info from the field.

How to Legally Serve Family Court Papers in New York City (2025 Update)

Updated by Our Bronx-Based Team For 2025

Our blog breaks down exactly how legal documents get served in NYC — including urgent delivery, NYCHA access, court-specific issues, and what you need to know before hiring a process server. Local, honest, and proven.

1. What Is Family Court — and What Does It Do?

Family Court is a specialized civil court in New York that handles legal matters involving children, parents, and family relationships. It does not decide divorce cases — those are handled in Supreme Court. Instead, Family Court focuses on parenting, financial, and safety-related issues involving family members or caregivers.

Key Areas Handled by Family Court

  • Child Custody: Decides where a child lives and who makes important decisions for them.
  • Visitation (Parenting Time): Sets up regular time for a non-custodial parent to spend with their child.
  • Child Support: Orders one parent to provide financial support to help raise the child.
  • Spousal Support (Alimony): Determines if one spouse should help support the other financially (outside of divorce).
  • Family Offense Petitions: Handles accusations of domestic violence or threats between family members.
  • Abuse & Neglect Cases: Looks at whether a child is unsafe in their current home and what steps are needed to protect them.
  • Paternity: Legally determines who a child’s father is.
  • Foster Care & Termination of Parental Rights: Reviews whether a child should stay in or return from foster care.

Who Uses Family Court?

People come to Family Court when they need legal help with serious family-related issues. This includes parents, grandparents, step-parents, legal guardians, and sometimes teens or children through legal representation.

Common examples include:

  • A parent requesting full or joint custody of their child
  • A parent being denied access who wants court-ordered visitation
  • A parent seeking unpaid child support
  • A family member requesting protection from threats or abuse
  • Someone seeking to establish legal paternity

Family Court Is Not Criminal

Family Court cases are civil — not criminal. There are no juries. Most matters are decided by a judge. The focus is often on the best interests of the child or how to resolve disputes fairly between parties. The tone is serious but not punitive.

2. What Are Family Court Papers — and What Do They Do?

To begin a case in Family Court, a person must file legal papers. These documents ask the court to take specific action — like setting up custody, ordering child support, or recognizing legal paternity. The most important papers include the petition and the summons.

Petition

A petition is a formal written request to the court. It explains what the person filing wants and why. The filer is called the petitioner. The other party is called the respondent.

A petition must include:

  • The type of order you're requesting (custody, support, etc.)
  • Details about the people involved (child, parents, etc.)
  • The reasons for your request

Summons

A summons notifies the respondent that a case has been filed against them. It includes the court location, hearing date, and time. It must be served along with the petition.

If the summons and petition are not properly delivered (served), the case may be delayed or dismissed. Serving is covered in Section 3.

Common Types of Family Court Petitions in NYC

Below are the most frequently filed Family Court petitions in New York City and the surrounding counties.

Custody

What It Is: A request for a court decision about who a child lives with and who has the legal right to make decisions.

Why File: When parents disagree about where the child should live or who makes important decisions.

What You Can Request: Sole custody, joint custody, or legal custody. You can also ask for temporary orders.

Visitation

What It Is: A request for scheduled parenting time for the non-custodial parent or another relative.

Why File: To secure consistent visits or prevent one parent from blocking access.

What You Can Request: Weekly visits, holidays, phone/video calls, summer breaks.

Child Support

What It Is: A request for financial support from the non-custodial parent.

Why File: To start support, increase or reduce current payments, or enforce unpaid support.

What You Can Request: Monthly support, retroactive payments, or enforcement help.

Spousal Support

What It Is: A request for one spouse to financially support the other during or after a marriage.

Why File: When a married person is separated or not being supported and wants court-ordered payments.

What You Can Request: Temporary or ongoing payments based on income and need — even if you’re still married.

Paternity

What It Is: A request for the court to legally establish the identity of a child's biological father.

Why File: To secure child support, add a father's name to the birth certificate, or clarify legal responsibilities.

What You Can Request: A DNA test, a legal acknowledgment of paternity, and follow-up support orders.

Can I File More Than One Petition?

Yes. Many people file multiple petitions at the same time — for example, custody and support together. Each issue will be handled separately, but the court may schedule them together to save time.

3. How Do You Serve Family Court Papers in NYC and Surrounding Counties?

Once Family Court papers are filed — including the petition and summons — they must be properly delivered to the other party. This is called service, and it’s one of the most important steps in the legal process.

Who Can Serve Family Court Papers?

  • You cannot serve papers yourself — even if you're the one filing the case.
  • Service must be done by someone age 18 or older who is not part of the case.
  • In NYC, most people use a professional process server to make sure the job is done right and documented.

What Are the Rules for Serving Family Court Papers?

For most cases, New York Family Court requires what's known as personal delivery. That means handing the papers directly to the other person. But if that’s not possible, there are options.

  • First, a good faith attempt must be made to serve the respondent in person.
  • If they are not home or cannot be found, service can be made by leaving the papers with someone of suitable age and discretion at their residence or place of work — known as substitute service.
  • The court may also allow alternative methods if standard service is not possible, but this must be approved by a judge.

What Is an Affidavit of Service — and Why Does It Matter?

The person who serves the papers must complete a legal document called an Affidavit of Service. This affidavit proves to the court that the papers were delivered properly and on time.

The affidavit must include:

  • The date and exact time of service
  • The location (full address) where papers were delivered
  • The name and physical description of the person served (if known)
  • The method used (personal, substitute, or other)

If this affidavit is missing or incorrect, your case may be delayed or dismissed. That’s why hiring a professional server is usually the safest option.

Real-World Advice

In many real-world cases, people try to avoid being served. They may not answer the door or may move around between addresses. Process servers in NYC often have to return more than once — including early mornings or evenings — to complete the job. You’re allowed to provide multiple addresses or give details that help get the papers served correctly.

Keep in mind:

  • Family Court expects prompt service after you file — usually within a few days to a week.
  • If your court date is approaching, act quickly. Don't wait to hire a server.
  • Always keep a copy of the completed affidavit for your own records.

📎 For more practical questions and answers about serving legal papers in NYC, visit our FAQ page.

4. Where Do I Go to Start a Family Court Case in NYC or Yonkers?

If you're filing for custody, visitation, support, or another family court matter, you’ll need to go to the Family Court in the county where the case belongs. For most people, that’s the borough where the child lives or where the case originally started.

What to Expect When You Go

Family Court is open to the public and handles thousands of cases per week. You will go through security, check in at the Help Center or Information Desk, and either file your papers or be directed to the Clerk’s Office. If you're starting a new case, bring ID and any supporting documents.

If you're serving papers, you’ll pick them up after the case is filed and then arrange service.

NYC Family Court Locations

Yonkers Family Court Location

Free Help at Court Help Centers

Each borough has a walk-in Help Center inside the courthouse where you can get assistance with forms and basic legal info. Staff won’t give legal advice, but they can answer questions and help you understand the process.

More NYC Family Court Guides

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Disclaimer: MyBronxProcessServer.com provides process serving services and general legal information. We are not attorneys and do not offer legal advice. If you need legal representation or assistance interpreting court documents, please contact a licensed attorney. Service of process is performed in accordance with New York State laws and court rules.

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© Copyright mybronxprocessserver.com 2025. All rights reserved.

Disclaimer: MyBronxProcessServer.com provides process serving services and general legal information.

We are not attorneys and do not offer legal advice.

If you need legal representation or assistance interpreting court documents, please contact a licensed attorney.

Service of process is performed in accordance with New York State laws and court rules.