Petition (Re Guardianship) And Affidavit Of Service

PETITION AND AFFIDAVIT OF SERVICE. You have contacted the office of the Circuit Clerk of St. Clair County about setting up a hearing in the above guardianship to ask the court to grant some kind of order in the case. Before any hearing can be scheduled, a formal petition must be filed in the case. This petition must give the following information: 1. The name, address and telephone number of each person who wants to make the request. 2. The name, address and telephone number of the guardian or guardians of the minor child or children. 3. A legible statement of what you are asking the court to do in this case. Enclosed are forms for filing this kind of petition. The first form is the petition itself. You may use this form to prepare your petition, or you may use any other petition in substantially the same format. You must fill out the above information into the corresponding paragraphs of the petition. If there is insufficient space on the petition, please use additional sheets of paper to complete the information, make certain that you number each page. After you prepare your petition, you must then file it with the probate division of the Circuit Clerk’s Office. You must also mail or personally deliver a copy of the petition to each of the following persons: 1. The guardian or guardians. 2. Each living parent of the minor child or children. 3. Each adult brother or sister of the minor child or children. If you are not able to locate any one of the above persons after diligent search or if any one of them is not known or is deceased, then you must state this fact in the affidavit of service form. The second form is the affidavit of service. This is used to certify that you have mailed or delivered copies of the petition to the above persons. You must fill this out and sign it and file it along with the petition. You must fill in the date you mail or deliver the copies of the petition, and you must fill in the name and address of each person to whom you mailed or delivered a copy of the petition. If any person cannot be located or is deceased, you must so state in this affidavit. You must then sign the affidavit. The affidavit does not require notarization. By stating the facts in the affidavit under the penalties of perjury, you are stating under oath that the information in the affidavit is correct to the best of your knowledge. You should keep an extra copy of both the petition and the affidavit for your own records and you should bring your copies of these documents with you to the court hearing. After you have filed the petition with the Circuit Clerk the clerk will schedule the hearing and will send notice of the hearing to the persons entitled to notice, including you. If you have not received your notice within 14 days after you file the petition, please call the clerk and inquire about the hearing on your petition. www.FormsWorkflow.com