§ 1705 — Persons to be served 1

New York § 1705

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 17: Guardians and Custodians

Text

§ 1705. Persons to be served\n 1. Upon presentation of the petition process shall issue:\n (a) To the parent or parents, and if the infant is married, to the\nspouse, if such persons are within the state and their residences\ntherein are known, or if there be none, to the grandparents who are\nwithin the county.\n (b) To the person having the care and custody of the infant or with\nwhom he resides.\n (c) If the application is made in behalf of an infant over the age of\n14 years by any person, to the infant.\n 2. No process shall be necessary to a parent who has abandoned the\ninfant or is deprived of civil rights or divorced from the parent having\nlegal custody of the infant or an incompetent or who is otherwise\njudicially deprived of the custody of the infant or in case the infant\nis married to a spouse who has abandoned the infant or is deprived of\ncivil rights or divorced or an incompetent.\n 3. The court shall ascertain so far as practicable what relatives of\nthe infant are domiciled in its county or elsewhere and with whom the\ninfant resides and it may issue process to any relative or class of\nrelatives to show cause why the appointment should not be made.\n