Maryville, TN asked in Family Law, Child Custody and Domestic Violence for North Carolina

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.

1 Lawyer Answer
Angela L. Haas
Angela L. Haas
  • Divorce Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

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.

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