Ga. Code § 15-11-243.2

Current through 2023-2024 Legislative Session Chapter 709
Section 15-11-243.2 - Service of summons
(a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 14 days before the permanent guardianship hearing.
(b) If a party to be served is within this state and cannot be found, but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least 14 days before the permanent guardianship hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested.
(c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least 14 days before the permanent guardianship hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested.
(d)
(1) If, after due diligence, a party to be served with a summons cannot be found and such party's address cannot be ascertained whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The permanent guardianship hearing shall not be earlier than 15 days after the date of the last publication.
(2) Service by publication shall be made once a week for two consecutive weeks in the legal organ of the county where the petition for permanent guardianship has been filed. Service shall be deemed complete upon the date of the last publication.
(3) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition for permanent guardianship was filed. The notice shall indicate the general nature of the proceedings and where a copy of the petition for permanent guardianship can be obtained and require the party to file any objections in accordance with paragraph (4) of this subsection.
(4) The notice shall state that the individual is entitled to object either to the establishment of a permanent guardianship or to the selection of the proposed guardian, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.
(e) Service of the summons may be made by any suitable person under the direction of the court.

OCGA § 15-11-243.2

Added by 2023 Ga. Laws 245,§ 2, eff. 7/1/2023.