Are we supposed to file a counterclaim?


#1

Another question, although originally it was my wife versus me, but now our conflict is resolved and we want joint custody and we are on the same team and same side even though we’re plaintiff and defendant, on my claim or counterclaim or whatever it is, so I say plaintiff and defendant are fit and proper persons to have joint and full custody of minor child? or do I just refer to myself.


#2

Has the court already heard the motion to intervene, or is that what is scheduled for early October?

The witnesses you described are probably good witnesses to bring on your behalf. You should be aware that if you call your therapist you may be deemed to have waived patient/doctor privilege and so the other attorney can ask about anything that has happened in your therapy sessions.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you as always for your reply. You don’t know how much I truly appreciate it. The court has not yet heard the motion to intervene. It will be on october 6th. Should I still bring the witnesses to try to stop the motion to intervene? I’ll definitely have them for the trial. Luckily my therapist has written nothing but good things about me in his files and has become a personal friend who truly wants to help me.

So do we need to be filing counterclaims against my mother and answers to her false claims? I only have about a week and I’m worried that if we don’t hurry up and do so, it’ll make my mother look even better. I also have no idea where to start, is there any information for people doing this pro se regarding the papers?


#4

You do not need to file counterclaims until her motion to intervene is heard. She does not technically have a “claim” until the court grants her permission to intervene in the action. If she is granted permission to intervene then you will have thirty days to file an answer to her complaint, it is unlikely you will need to bring up any counterclaims.

If there are witnesses that can dispute the allegations in her motion to intervene then you should bring them to court with you.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

After my ex-wife (plaintiff) and I (defendant) recieved papers from my mother and her legalaid attorney for Motion to Intervene, along with the Intervenor’s complaint seeking full custody, we aren’t sure what to do.

The date set was continued so it’ll be in the first week of October.

After I talked to my mother’s lawyer, she hinted about us having to file some papers but couldn’t tell us what.

I’m guessing we have to file a claim and counterclaim? Or answers to her allegations in both the Motion to Intervene and Intevenor’s complaint?

Do we also file our own complaints about my mother, the intervenor plaintiff? Because we have plenty.

I’ve been researching and researching about doing things pro se but there is virtually no help whatsoever for people such as myself and my ex-wife.

What do we have to do in response? I appreciate any answers. I’m scared to death.

Question number two: is a pastor who has known me since I was a child, a psychologist who I’ve been seeing who will state that I am not an unfit parent, and a child mentor who I’ve been good friends with for 4 years, and keeping in mind all have witnessed me with my 2nd child (not part of the custody case), be good witnesses regarding my fitness as a parent in court?