Q: I got a custody/visitation summons from my children's father. I live in NC. How do I go about answering to the summons?
He was verbally abusive to me and the kids. That is why we all three live in North Carolina with my mother/their grandmother.
A: You should have also received a Complaint, to go along with the Summons. You will need to file an Answer to the Complaint (not required, but certainly advisable), and most likely you'll want to file a Counterclaim for Custody, in addition to other claims (i.e. child support, spousal support, equitable distribution of property, and attorneys' fees). The fee for a Counterclaim of these types is $150.00 for the court costs. In your Answer, you will either admit and/or deny each of his assertions, and in your Counterclaims, you make assertions/allegations of your own. Consult with a family law attorney to learn more about your specific situation, and the best way to proceed from here. You'll need to respond within 30 days of being served with the Summons and Complaint.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.