Notice Of Family Court Action (Whereabouts Of The Respondent Are Unknown) {244}

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. 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. 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 KENT COUNTY Delaware State News 110 Galaxy Drive, Dover, DE 19901 SUSSEX COUNTY Sussex Countian P.O. Box 40, Georgetown, DE l9947 (13 South Front Street, Georgetown, DE 19947) (302) 856-0026 (302) 674-3600 (302) 324-2500 2. 3. 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 American LegalNet, Inc. www.FormsWorkflow.com 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. 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. 5. ------------------------------------------------------------------------------------------------------------------------------------Complete the below notice and take it to the newspaper company. FAMILY COURT FOR THE STATE OF DELAWARE NOTICE OF FAMILY COURT ACTION TO: (Fill in the respondent's full name as it appears on the petition) , Respondent(s) , has filed a (Fill in your name as it appears on the petition) (Fill in the type of petition you filed) Petitioner, petition County against you in the Family Court of the State of Delaware for (County where you filed petition) on (Fill in the date you filed the petition) . If you do not file an answer with the Family Court within 20 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. American LegalNet, Inc. www.FormsWorkflow.com