Index: All Pages

Serve the Order to Show Cause

After you file the papers, you must have someone deliver a copy of the Order to Show Cause—Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate (form NC-520) and other forms to your child’s other parent(s) within 4 weeks from the date the clerk stamped the Order to Show Cause. This is called serving papers. The papers must be served on every parent who did not sign the request (petition).

 

 Note: This page uses the term “other parent.” If your situation involves more than 1 parent who didn’t sign the Petition for Recognition of Minor’s Change of Gender and Sex Identifier and for Issuance of New Birth Certificate (form NC-500), follow these instructions for serving each parent who didn’t sign the petition.

Before you start

To serve your child's other parent means:

  • Another adult, not you, delivers a copy to the other parent. (This person is your server.)
  • Your server must deliver the papers in person.
  • After delivering the papers, your server must sign a form saying they delivered the papers.
  • You file this form with the court.

️ If your child's other parent is out of California, your server can mail the forms to them by first class mail, postage prepaid, requiring a return receipt. Keep in mind this type of service requires more time so pay attention to the deadlines.

What if I can't find or serve my child's other parent?

You will have to ask the court for permission to serve them in a different way.

  • First, you will have to show the judge that you tried everything reasonable to find and serve them.
  • If you still can’t find or serve them, you can ask for permission to serve them a different way.
  •  Get help from your court's self-help center ️ (link opens in a new tab) with this request.

How to serve your Order to Show Cause and other forms

  • Choose a server

    You can't serve papers yourself. Ask another adult – a server – to deliver the papers.

    Your server must be:

    • 18 or over, and
    • Not part of your case

    Your server can be:

    • Someone you know
    • The county sheriff (in most, not all, counties)
    • A professional process server you hire

    The sheriff charges to serve papers unless you have a fee waiver. And not every sheriff’s department may serve these papers so ask first.

    Contact the jail or prison to find out how to get papers served on an inmate. Sometimes, the staff at the jail or prison will do it for you. Other times, you may have to arrange to do it during visiting hours, or some other way.

  • Figure out the deadline to serve

     Your server must deliver the Order to Show Cause—Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate (form NC-520) and other forms within 4 weeks from the date the clerk stamped the Order to Show Cause (the day it was filed).

    • If the other parent is outside of California and you will have them served by first class mail, postage prepaid, requiring a return receipt, you have to add 10 days for the mailing (even if it won't take that long). That means your server needs to mail the forms within 18 days of the date the clerk stamped your Order to Show Cause.
    • For example: If your Order to Show Cause was filed (stamped) on October 1st, you must serve them by October 29th. But, if the other parent is outside California and your server is going to use mail (with return receipt) to serve them, the papers must be mailed by October 19th.

  • Have your server deliver the forms

    1. Your server must find your child’s parent and hand them the Order to Show Cause and other forms you filed (except the fee waiver, if you have one).
    2. Your server should write down the address where they gave the other parent the forms, along with the date and time.
    3. The server uses this information to fill out a Proof of Service.
    Your server can leave the papers next to them and tell them what they are. For example, your server can leave the papers on the ground next to them and say, "These are important legal papers for you."

  • Have your server complete the Proof of Service

    You can use Proof of Service of Order to Show Cause (form NC-521).

    • It helps if you fill in the top part of the form with the case and court information.
    • Your server can then fill in the information about how, when, and where they served the forms.
    • They also have to fill in their address and write in the names of the forms they served.
    • Your server must sign at the bottom.

     Unless your server will file it for you, make sure your server gives the Proof of Service back to you to file.

  • File the Proof of Service

    1. Make one copy of your completed Proof of Service.
    2.  File the original and the copy within 5 weeks from the day you filed your request.
    3. The court will keep the original, and stamp and return the copy to you.
    4. Keep the copy for your records and bring it to the hearing, if there is one.

Child's gender change recognition

What's next?

The other parent has 6 weeks from the date the Order to Show Cause was filed with the court to file a written objection.

  • If they do, the court will set a court date. You will get a notice about the court date in the mail.
  • If they do not file an objection by the deadline, then the judge will make a decision. You can pick up the order.
success alert banner:

Have a question about Gender recognition?

Look for a "Chat Now" button in the right bottom corner of your screen. If you don’t see it, disable any pop-up/ad blockers on your browser.