When serving a minor under disability, if there is a parent or guardian with custody, service should be made upon whom?

When serving a minor under disability, if there is a parent or guardian with custody, service should be made upon whom?

• A. The parent/guardian having custody
• B. The minor
• C. The guardian ad litem
• D. The attorney general

Answer: (B)

Notice to a minor under disability is best accomplished by serving the minor directly in person whenever feasible. The aim is to give actual notice to the party who must respond, and direct service on the minor ensures that the person who is affected by the suit is informed. The existence of a parent or guardian with custody does not by itself require you to skip personal service on the minor; you should attempt to serve the minor first. Alternative recipients, like a guardian ad litem or, in some situations, the state or attorney general, come into play only if direct service on the minor isn’t feasible or the statute requires a guardian or state involvement. In short, serving the minor directly is the preferred method when possible.

Notice to a minor under disability is best accomplished by serving the minor directly in person whenever feasible. The aim is to give actual notice to the party who must respond, and direct service on the minor ensures that the person who is affected by the suit is informed. The existence of a parent or guardian with custody does not by itself require you to skip personal service on the minor; you should attempt to serve the minor first. Alternative recipients, like a guardian ad litem or, in some situations, the state or attorney general, come into play only if direct service on the minor isn’t feasible or the statute requires a guardian or state involvement. In short, serving the minor directly is the preferred method when possible.