Unless you agree to change the existing order, the petitioner (the person who filed the modification case) must have you served with the initial court papers.

The initial court papers include:

• a Citation (a form issued by the court to officially notify the respondent of the case) and
• a copy of the Petition to Modify the Parent-Child Relationship (the form filed by the petitioner to start the case).

The initial court papers will also include the following (if applicable in your case):

• any other forms filed by the petitioner at the beginning of the case and/or
• any orders signed by the judge at the beginning of the case.

If you are the respondent, there are several ways you can be served with the Citation and Petition to Modify the Parent-Child Relationship

• You can be served in person by a constable, sheriff or private process server. (If you are served in person, you will not need to sign anything.)
• You can be served by certified or registered mail (return receipt requested) by the court clerk, constable, sheriff or private process server. (Service by certified mail is valid only if you sign the return receipt showing that you received the letter.)
• You can be served by posting or publication if the petitioner can’t find you. This means the Citation will be posted at the courthouse or published in a newspaper.
• You can be served any other way approved by the judge. For example, if the constable, sheriff or private process server is unable to serve you in person or by certified mail but can confirm your home address or work address, the judge could order that the Citation and Petition be:
  • posted to your door, or
  • left with anyone over 16 at your home or work, or
  • mailed to you at your home or work by regular mail.

Note: Papers filed by the petitioner later in the case will usually be mailed (regular mail) or emailed to you.

Talk to a lawyer if you have questions about being served.

Modification cases can be complicated. It’s a good idea to talk with a family law lawyer who can explain your options and give you advice about your particular situation.

It’s really important to talk with a family law lawyer if any of the following are true.

• You are afraid for your or your children’s safety.
• Your case is contested.
• The petitioner has a lawyer.

If you need help finding a lawyer, you can:

• Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
• Check our Legal Clinic Calendar for free legal clinics in your area.
• Use Ask a Question to chat online with a lawyer or law student.

An answer is a legal form filed by the respondent in a court case.

Filing an answer with the court protects your right to have a say in the issues involved in the case.

If you file an answer, the petitioner cannot finish the modification case unless:

• you and the petitioner (and anyone else named as a respondent in the case) agree to and sign an Order in Suit to Modify the Parent-Child Relationship, or
• the petitioner gives you written notice of a contested hearing date.

Get instructions and answer form here: Instructions & Forms for Filing an Answer in a Modification Case.

Yes. When a modification is agreed, the respondent will often voluntarily file a Respondent’s Original Answer form or Waiver of Service Only (Specific Waiver) form. If you voluntarily file an answer or waiver of service, you will not need to be formally served.

Read about the steps in an agreed modification here: Instructions & Forms for an Agreed Modification.