Child Custody-Default


#1

If the Defendant in a child custody case is served with the pleadings and they do not answer within 30 days, is the Defendant considered in default? The Defendant resides in another state but NC has jurisdiction over the child.

Would I need to file a motion/entry of default? Will there be a default hearing or would I submit a proposed custody order to the Judge?


#2

There are no default judgments in custody cases.

If the defendant does not file an answer to your child custody complaint within 30 days (or 33 days if he/she was served by certified mail), then you can schedule a court hearing and mail the filed Notice of Hearing to the defendant. If the defendant still does not show up a the court hearing, then there will likely be a short hearing where the judge will hear from you about your evidence and then likely enter an order granting your requests.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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

Can the complaint be served by process server?


#4

Yes, a complaint can be served by a process server, sheriff’s deputy, certified mail, or UPS/FedEx package with a signature upon delivery.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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

Can someone that resides in the same house as the defendant accept service of the pleadings on their behalf if they are over the age of 18?


#6

A sheriff’s deputy or process server can leave copies of the complaint and civil summons “at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein” (Rule 4 of NC Rules of Civil Procedure).

For an Acceptance of Service that will be filed with the court, the defendant must be the one to sign it and his/her signature must be notarized.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.