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?

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#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.

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#3

Can the complaint be served by process server?

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#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.

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#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?

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#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.

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#7

Can you please tell me what motion i would file if the defendant does not respond (answer) to the complaint in a custody case? What would be my next step in the process since they did not answer the complaint?

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#8

There are no default judgments in family law so if the defendant’s time to answer the complaint passes and he/she does not file an answer, then you can schedule your case for a court date as well as for the custody mediation orientation session provided at the courthouse.


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.

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#9

What kind of hearing an I scheduling and does mediation have to occur prior to the hearing?

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#10

You would be scheduling a hearing on your claim for child custody. Mediation needs to happen before a hearing on permanent child custody however, you can usually schedule and have the mediation well before the court date comes up.


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.

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#11

How do I request a hearing? Would the hearing be titled “Hearing on Permanent Child Custody”?

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#12

Yes. You should file a Notice of Hearing for the issue of permanent child custody. You will also need to file a Certificate of Service which provides proof that you did indeed mail the Notice of Hearing to the defendant at the address you originally served him/her. You can mail these documents to the defendant by regular mail.


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.

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#13

Can I file a motion for temporary custody in a child custody matter and file an injunction to stop child support if we have had the child sine June of 2018? The reason for filing the temporary custody hearing is so that the child can go visit his grandparents in the same state as the other mother lives in and the mother not have the right to come take the child from the grandparents during a visit.

We have filed for custody but the process is taken longer than expect due to the mother not showing up to mediation orientation. Is there anyway to speed this process up?

The mother has been receiving child support and the child has not been with her since June 2018. Is there anyway to file an injunction to have child support stop and to have the mother pay the money back sine June 2018?

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#14

Can I file a motion for temporary custody in a child custody matter and file an injunction to stop child support if we have had the child sine June of 2018? The reason for filing the temporary custody hearing is so that the child can go visit his grandparents in the same state as the other mother lives in and the mother not have the right to come take the child from the grandparents during a visit.

We have filed for custody but the process is taken longer than expect due to the mother not showing up to mediation orientation. Is there anyway to speed this process up?

The mother has been receiving child support and the child has not been with her since June 2018. Is there anyway to file an injunction to have child support stop and to have the mother pay the money back sine June 2018?

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#15

If the custody action is pending, then you can schedule a court date for the issue of temporary custody. Court ordered custody mediation does not need to happen before the temporary custody court date.

For your child support issue, you would need to file a motion to terminate child support but you would not be entitled to a refund.


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.

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