How to Serve Custody Papers in Maryland: Service of Process Rules

Why Service of Process Matters

Service of process is the legal requirement that every person affected by your custody or guardianship case receives formal notice of the lawsuit. In Maryland, the court cannot proceed to a hearing until you prove that every respondent was properly served. Skip this step or do it wrong, and your case stalls — or worse, a judge dismisses it.

Due process requires that both biological or adoptive parents, any legal custodian, and the child (if aged 10 or older) receive copies of your filed complaint or petition along with a court-issued summons.

The Cardinal Rule: You Cannot Serve the Papers Yourself

Maryland law requires that service be executed by someone who is at least 18 years old and is not a party to the case. A grandparent who filed the complaint cannot hand the papers to the parent at the front door. Neither can your spouse, your co-petitioner, or anyone else named in the case.

Three Methods of Service

1. Certified Mail, Restricted Delivery, Return Receipt Requested

The clerk mails the complaint and summons via certified mail with restricted delivery — meaning only the named recipient can sign for it. The green card (return receipt) comes back with the recipient's signature, which serves as proof of service.

This is often the most affordable option for Maryland residents. The drawback: if the parent refuses to sign, avoids the mail carrier, or has moved, the mail comes back undelivered and you need to try another method.

2. County Sheriff

The local Sheriff's office delivers the papers in person. Fees are approximately $60 per person served, though they vary by county. Sheriff service is reliable and produces an official return of service filed with the court.

If you received a fee waiver (Form CC-DC-089), Sheriff service fees are covered by the waiver.

3. Private Process Server

A licensed private process server hand-delivers the papers. Costs are comparable to Sheriff fees. The server files an affidavit of service (Form CC-DR-055) documenting when, where, and how the papers were delivered.

Private servers can be faster than the Sheriff for hard-to-reach respondents, and some will attempt service at multiple addresses or at unconventional hours.

Response Deadlines After Service

Once served, the respondent must file an Answer within:

• 30 days — served within Maryland
• 60 days — served in another U.S. state
• 90 days — served outside the United States

For custody cases, the answer form is CC-DR-050. For guardianship cases, it is CC-GN-003.

If the respondent does not file an answer within the deadline, you can file a Request for Order of Default (Form CC-DR-054) and ask the court to schedule an uncontested default hearing.

When a Parent Cannot Be Found

You cannot skip service because a parent is missing. Instead, Maryland requires you to document a diligent search and then request court permission for alternative service.

File Form CC-GN-010 (Affidavit of Attempts to Contact, Locate, and Identify Interested Persons) describing every step you took: checked last known addresses, sent certified mail, searched public records, contacted family members and mutual friends, checked social media and phone directories.

If the court finds your search efforts sufficient, it may authorize service by:

• Courthouse posting — notice posted at the courthouse for a set period
• Newspaper publication — notice published in a local newspaper of general circulation

These methods satisfy due process when personal service is impossible, but they add time to the case — typically 30 to 45 days before the court considers service complete.

Special Situations

Incarcerated parents must be served at the correctional facility through institutional process managers. An incarcerated parent maintains full due process rights and may participate in hearings through a writ of habeas corpus or video teleconference.

Military parents on active duty are protected by the Servicemembers Civil Relief Act. If the servicemember requests a stay and provides the required statements, the court must delay proceedings for at least 90 days.

ICWA cases: if the child may be an Indian child under the federal Indian Child Welfare Act, the court must ask at the start of the proceeding, and formal notice to the tribal agent or Bureau of Indian Affairs must go by certified mail with return receipt. A hearing cannot be held until at least 10 days after that notice.

Documenting Proof of Service

Keep originals of every proof-of-service document:

• Certified mail green cards (return receipts)
• Sheriff returns of service
• Private process server affidavits (CC-DR-055)

Bring these to every hearing. If the court cannot verify that all parties were properly served, it may continue the case to a later date until service is completed.

For a complete walkthrough of service of process in both custody and guardianship cases — including tracking worksheets for multiple respondents — the Maryland Guardianship and Custody Guide covers every service method and what to do when standard methods fail.

See more Maryland guides →