Q: If I filed a custody complaint against the mother of my child and served her and she filed a counterclaim and failed
failed to serve me the plaintiff. do I now have justification in court to file for a default judgement for myself the plaintiff?
A: Technically she should have filed an Answer and Counterclaim to your Complaint. If, as you state, she only filed a Counterclaim without an Answer, she must still file the Answer but I do not believe the judge will allow for a default as she has already replied in some way to the Complaint.
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