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Notice Of Family Court Action (Whereabouts Of The Respondent Are Unknown) Form. This is a Delaware form and can be use in Family Court Statewide.
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Tags: Notice Of Family Court Action (Whereabouts Of The Respondent Are Unknown), 244, Delaware Statewide, Family Court
Form 244
(Rev. 2/08)
The Family Court of the State of Delaware
INSTRUCTIONS TO THE PETITIONER FOR ACCOMPLISHING PUBLICATION
WHEN THE WHEREABOUTS OF THE RESPONDENT ARE UNKNOWN
These are your instructions for accomplishing publication in the local newspaper when the
whereabouts of the person you are filing the petition against are unknown. By law, publication is
necessary in order to proceed further with this action in Family Court. These instructions apply to
general civil filings. If you are filing a Termination of Parental Rights Action, please see the
Termination of Parental Rights Instruction Packet for information about publication.
1.
You must first complete the appropriate type of Petition for the relief you are seeking.
You may receive blank petitions from the Clerk of Court or receive guidance from the
Court's Intake Unit to complete the petition. The Clerk of Court or Intake Staff will also
provide you with an Affidavit that a Party's Address is Unknown. You must complete
and sign this form and give it to the Clerk of Court along with your petition.
2.
Once you have completed your petition and affidavit, you must give them to the Clerk
of Court. A filing fee is required to file the petition.
3.
Complete the Notice of Family Court Action on the reverse side of this form and take it
to one of the newspaper companies listed below: There is a cost associated with the
Publication, you should call the newspaper company for cost information as the rates
vary. You must publish the notice in the county where you believe the Respondent is
residing. (See note on reverse side if respondent's last known address is not in
Delaware)
NEW CASTLE COUNTY
News Journal
950 W. Basin Road, New Castle, DE l9720
(302) 324-2500
KENT COUNTY
Delaware State News
110 Galaxy Drive, Dover, DE 19901
(302) 674-3600
SUSSEX COUNTY
Sussex Countian
P.O. Box 40, Georgetown, DE l9947
(13 South Front Street, Georgetown, DE 19947)
(302) 856-0026
REPLY TO:
NEW CASTLE FAMILY COURT
500 N. KING STREET
WILMINGTON, DE 19899
(302) 255-0300
KENT FAMILY COURT
400 COURT STREET
DOVER, DE 19901
(302) 672-1000
SUSSEX FAMILY COURT
22 THE CIRCLE
GEORGETOWN, DE 19947
(302) 855-7400
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Form 244
(Rev. 2/08)
NOTE: If the last know location of the respondent is not in the State of Delaware,
publication must take place in a newspaper of general circulation in the location where
respondent was last known to be. It is the petitioner's responsibility to obtain
information on out-of-state publication.
4.
This notice must be published once in the newspaper. When the publication has been
completed by the newspaper, you will receive an Affidavit of Publication from them.
You must file the Affidavit of Publication with the Family Court, either in-person with the
Clerk of Court or by mailing it to the appropriate Court address listed on the bottom of
the front of this form.
5.
Once the Family Court has received your Affidavit of Publication, the Court will notify
you by mail of the date and time to appear for the hearing. If the Affidavit of
Publication is not filed within 30 days after the petition is filed your petition will
be dismissed.
------------------------------------------------------------------------------------------------------------------------------------Complete the below notice and take it to the newspaper company.
FAMILY COURT FOR THE STATE OF DELAWARE
NOTICE OF FAMILY COURT ACTION
TO:
, Respondent(s)
(Fill in the respondent's full name as it appears on the petition)
Petitioner,
, has filed a
(Fill in your name as it appears on the petition)
petition
(Fill in the type of petition you filed)
against you in the Family Court of the State of Delaware for
County
(County where you filed petition)
on
. If you do not file an answer with the Family Court within 20
(Fill in the date you filed the petition)
days after publication of this notice, exclusive of the date of publication, as required by statute, this
action will be heard in Family Court without further notice.
Date
Your signature
Note: If the respondent is a minor, the Notice of Family Court Action should read:
TO: The parent or guardian of
, respondent.
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