Rule 5:9A-2.Filing and Service
Last amended September 1, 2013 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:9A-2
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted July 12, 2002 as Rule 5:9A to be effective September 3, 2002; former text redesignated as paragraph (a), and new paragraphs (b) and (c) adopted July 28, 2004 to be effective September 1, 2004; redesignated as Rule 5:9A-2 and new caption added June 15, 2007 to be effective September 1, 2007; paragraph (c) amended July 9, 2013 to be effective September 1, 2013.
Plain-English Summary
An action to establish kinship legal guardianship proceeds in accordance with the statute and with the procedures and forms the Administrative Director of the Courts promulgates. Service of process follows the Family Part's own summary-action service rule, or a court order under the civil rules.
Paragraph (c) handles the common route into these cases. Where the Division of Child Protection and Permanency seeks kinship legal guardianship as an alternative disposition to a complaint it already filed, it need not file a new petition — it may amend the pending complaint.
Missing parents do not stop the case. Where an Affidavit of Diligent Inquiry shows that a proper party, including a legal or putative parent, cannot be located, the court assumes jurisdiction and hears the matter summarily, and serving parties in default by certified and regular mail at their last known address is sufficient.
Frequently Asked Questions
Does the Division have to file a new case to seek kinship legal guardianship?
No. Where it seeks kinship legal guardianship as an alternative disposition to a complaint it initiated, the Division may amend the pending complaint rather than file a new petition.
What if a parent cannot be found?
Where an Affidavit of Diligent Inquiry filed in the action shows a proper party — including a legal or putative parent — cannot be located, the court assumes jurisdiction and proceeds to hear the matter summarily. Serving parties in default by certified and regular mail at their last known address is sufficient.
How is a kinship guardianship complaint served?
In accordance with R. 5:4-4(b), the Family Part's summary-action service rule, or pursuant to court order under the civil rules.