NJ Kinship Guardianship: Parental Notice and Service of Process Requirements

Proper Notice Is Required

Under N.J.S.A. 3B:12A-6(b), the court cannot award KLG without proper notice to the child's parents and any other party to whom the court has awarded custody or parenting time. In a private KLG case, the Family Part provides notice to parents and interested parties. If a parent cannot be located after diligent inquiry, the court may proceed or order substituted service under the court rules.

This is one of the steps where KLG petitions stall most often. Understanding the notice requirements before you file saves weeks of delays.

The Standard Method: Simultaneous Dual Mailing

Under Court Rule 5:4-4(b), the Family Part mails filed papers in Family Part summary actions, including KLG cases, simultaneously by certified and ordinary mail to the address provided by the filing party:

1. Certified mail with return receipt requested
2. Regular first-class mail

Both go to the parent's last known address on the same day. Under Rule 5:4-4(b)(2), this method is effective unless there is no proof the certified mail was received, either mailing is returned with certain marks, or the court otherwise has reason to believe service failed.

For a private KLG filing, the caregiver files the Complaint (CN 10268), Notice to Parents and Interested Parties (CN 10276), Caregiver Assessment, and Navigator Agency Certification of Requested Background Checks (CN 10267). The Family Part mails the complaint and redacted assessment to the parents and sends notice to interested parties. The CN 10267 certification is not served on parents or interested parties.

The Redaction Requirement for the Caregiver Assessment

This rule catches many caregivers off guard. When you serve the assessment on the child's parents, you must redact all identifying information about yourself. This is a Children in Court (CIC) directive designed to protect caregivers from potential retaliation.

Information that must be removed before the parent sees the assessment:

• Your date of birth, Social Security number, phone number, and address
• Your age, race, and gender

The Kinship Navigator agency that conducted the assessment may help with the redaction, or court staff can assist. Include a redacted copy for the Family Part to mail to parents; the unredacted assessment stays in the court's confidential file.

Note: the caregiver assessment is served on the child's parents only. It is not served on other interested parties.

When a Parent's Address Is Unknown

If you do not know where a parent lives, provide the last known home address and demonstrate through diligent inquiry that no current address is known. The court may proceed to hear the matter if it accepts an affidavit or certification of diligent inquiry; for an initial complaint, it may also order substituted service by publication under Rule 4:4-5(a)(3).

A KLG package preparer must follow Rule 5:4-4(c) and the Judiciary's KLG manual, which also directs searches of public internet databases and the Child Support Enforcement parent locator. The Judiciary's diligent-search materials list these sources:

• The parent's relatives and last known employers
• New Jersey Motor Vehicle Commission records
• Department of Defense military-service records
• U.S. Postal Service address requests
• Public internet databases
• Child Support Enforcement's parent locator

Keep a record of the inquiries and results. The filing party must submit an affidavit or certification of diligent inquiry. If satisfied that the parent cannot be located, the court may proceed to hear the matter or order substituted service by publication.

Serving an Incarcerated Parent

If the parent is in prison or jail, provide the Family Division with the correctional facility's mailing address and the parent's name and inmate identification number. The Family Part mails the filed papers under Rule 5:4-4(b).

The court will arrange for the incarcerated parent to participate in the hearing, either through a writ of habeas corpus ad testificandum (a court order to temporarily produce the parent for the hearing) or by remote video appearance.

Parental Consent vs. Acknowledgment of Service

These are different documents with very different legal effects:

• Consent to Entry of Order: the parent signs a notarized statement agreeing to the specific terms of the KLG judgment. This makes the case uncontested.
• Acknowledgment of Service: the parent confirms they received the court papers. This does not waive their right to contest the KLG at the hearing.
• Waiver of Appearance: the parent declines to attend the hearing. This does not automatically mean they consent to the order.

Getting a parent's signed consent simplifies the process enormously, but it must be genuinely voluntary. If the parent is willing to consent, having them execute the formal consent form before the hearing means the judge can grant the order without a contested proceeding.

If a Parent Is Deceased

When a parent has died, include the parent's death certificate with the KLG Complaint. Notice must still be served on any surviving parent or legal guardian of the child.

Our New Jersey Guardianship and Custody Court Process Guide includes a service of process log and step-by-step redaction instructions to help you handle the notice requirements correctly the first time.

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