Q: served with complaint for absolute divorce/custody.
I agree to everything in the papers but the custody. He wants primary care, control, and custody. I want 50/50. He claims he is ok w 50/50. and we are doing mediation. how do i answer this complaint before i fill it with the clerk of court? Even if he is asking for primary and we are going through mediation and if we agree on a parenting plan, then will that override his complaint? i cant afford a lawyer. I am struggling becuase i was a stay at home mom for most of our marriage. 12 years. but i dont want to even imagine the thought of being a chance to lose my babies. HELP!
A: You might not be able to afford to hire a lawyer, but perhaps you can afford to pay for a consultation with one. If not, contact Legal Aid in your area and see if they are having any free divorce workshops. You can also try to find a lawyer that will let you pay as you go, in other words, the lawyer does not represent you in court, but can draft paperwork, such as an answer, on your behalf, and advise you on mediation and litigation. If you settle the case in mediation, and an order is entered and signed by a judge, the order is what gets enforced, not what he alleged in his complaint. But if mediation fails, you really need to have at least talked to a lawyer about your options.
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