Q: My son has primary guardianship of his children. His ex tried to get him arrested and has now filed for custody.
She took the kids while he was detained and has now filed for custody and change for parenting plan. He has not been arrested or charged. What should he do?
A: He needs to file a response to her motion to modify custody. There are deadlines for this. He should get a lawyer to help him with this.
1 user found this answer helpful
A: I agree with the last answer. If he does not file a response, the Court can decide the matter without his input. When he files a response, he will have the opportunity to be heard and to present evidence as to why he should retain custody. Courts like to see stability for the children, however Courts ensure the safety of children as well. The reason for his detention will likely be relevant.
1 user found this answer helpful
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