Benson, NC asked in Family Law and Child Custody for North Carolina

Q: What is the time that an attorney has to respond to a Show Cause and Contempt?

We have filed a Show Cause and Contempt along with an Amended Motion to Modify Custody on July 24, 2019. My Ex attorney was served by fax the same day as well and certified mail received 3 days later. As of today we have not received a response and her attorney is not answering emails, calls or letters for the information.

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3 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You seem to not know what you are doing. Their response will typically be given at the hearing that you are suppose to calendar.

Adam Bull agrees with this answer

Adam Bull
Adam Bull
Answered
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: Most motions are to be answered within 10 days, plus time for service.

With contempt the court should set a hearing to advise the adverse party of their rights to counsel as they could be jailed for a willful violation.

I would not be as concerned about the other side responding but rather would request the Court to set the hearing date for first appearance and hearing on contempt

Melissa Averett
Melissa Averett
Answered
  • Divorce Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: As stated by the other attorneys, no response is required. your ex attorney didn't need to do anything because that's your ex attorney and they know and have any responsibility in your case. You don't have to serve them with anything. Opposing counsel he's waiting for you to schedule a hearing. To schedule a hearing you need to know what the local rules are in your particular district on how to get your case on the court calendar. It can be really frustrating to go through this process without an attorney explaining how all of this works.

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