Seward, NE asked in Child Custody, Child Support and Family Law for Nebraska

Q: how do i answer a complaint to modify custody

2 Lawyer Answers
Vanessa Jean Gorden
Vanessa Jean Gorden
Answered
  • Divorce Lawyer
  • Lincoln, NE
  • Licensed in Nebraska

A: That depends. You may not believe anything needs to change and you can file a General Denial type Answer to require the moving party to prove their allegations. Or you may also want to allege a different set of material and substantial circumstances that have changed and request a different relief/resolution. There are no pro se Answer forms created by the Nebraska Supreme Court to my knowledge for the reason that each case is fact specific and very different, especially where there is a request to modify. Your best bet is to have a consultation with an attorney to learn the procedure and determine the right type of answer for you. Best wishes as you navigate this!

Julie Fowler
Julie Fowler
Answered
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: You can see some examples of an "answer" on the Nebraska Supreme Court's website under forms. In family law cases, most of the time, you file both an Answer as your response to their Complaint and then also a counter complaint to ask for what you would like the Court to grant. Sometimes it makes more sense to file something besides an answer, such as a motion to dismiss, depending on the particulars of your case.

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