Q: If a grandmother is a petioner and has been told she has to serve the children's fathers before a visitation case can
Be settled, what happens if she has no way to serve them
A:
In New York, when a grandmother seeks visitation rights with her grandchildren and is required by the court to serve legal notice to the children's fathers, it is essential to address this issue thoroughly. If she encounters difficulties in serving the fathers, she should diligently document her efforts to locate and notify them. This documentation will be crucial when submitting an affidavit of due diligence to the court, demonstrating that she has made every reasonable attempt to inform the fathers of the visitation case.
In cases where traditional methods of service prove ineffective, the court may consider alternative methods, such as publication in a local newspaper or service by mail with a return receipt requested. The court will ultimately determine the acceptable alternatives. If the fathers cannot be located or served, the court may schedule a hearing to address the issue and may also appoint a guardian ad litem to represent the best interests of the children in the case.
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