Order to show cause

Checkout our iOS App for a better way to browser and research.

    (a)    On issuance of a show–cause order as to guardianship of a child, a petitioner shall serve the order on each of the child’s living parents who has not consented to the guardianship.

    (b)    Service under this section shall be by:

        (1)    personal service; or

        (2)    certified mail, restricted delivery, return receipt requested.

    (c)    Service on a parent under this section shall be attempted at the parent’s last address known to the petitioner.

    (d)    (1)    If a court is satisfied, by affidavit or testimony, that, after reasonable efforts in good faith, a petitioner could not identify a parent or could not effect service on a parent, the court shall order service through notice by publication as to that parent.

        (2)    Notice under this subsection shall consist of substantially the following statement:

    To: (Father’s name) To:�(Mother’s name) To:�Unknown parent

    “You are hereby notified that a guardianship case has been filed in the circuit court for (county name), case no. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother’s and father’s names and dates of birth) shall file a written response. A copy of the show–cause order may be obtained from the clerk’s office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child.”

        (3)    Service under this subsection shall be by:

            (i)    publication at least once in one or more newspapers in general circulation in the county where the parent last resided or, if unknown, where the petition is filed; and

            (ii)    posting for at least 30 days on a website of the Department.

        (4)    The Department may charge a petitioner a reasonable fee to cover the cost of posting.


Download our app to see the most-to-date content.