Civil Summons for Custody


#1

I do not know for sure if this is what you are looking for but there are forms on the web site for answering a complaint. www.nccourts.org and you would look for the court district that you are in. You can also look on there for court processes. I do suggest continuing to try to contact legal aid and possibly get an extension file for the 30 days.

If all else fails, you could always write up an answer disagreeing with the complaint and send it to the lawyer. I’m not sure how they will work this with not using “proper forms” but it will at least be an answer. I suggest that you do make a copy of the papers that you received and make notes on the copy of what you do not agree to and what you are requesting in return.
You should at least try contacting an attorney to consult with on this if you do not get help from legal aid.


#2

You should draft an answer that addresses the allegations point by point and let the court know what is true and what is false.

The Wherefore section is where he asks the court for what he wants, if you end up in court each of you will have the chance to present your evidence and the court will make a determination based on the best interests of the minor child.

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#3

I recieved a civil summons for custody. (Form AOC-CV-11, Rev. 10/01) I am really confused on what is expected of me now. I know that it is asking me to give a written answer within 30 days to his lawyer and the Clerk of Superior Court. I am unsure what I am to give my answer about. There are 10 complaints listed under the COMPLAINTS section. I do not agree with atleast 7 of them.

(I don’t have a lawyer because I cannot afford one. I have tried contacting legal aide and I get put on hold and then it disconnects me after 20 minutes. I do call back as soon as this happens with no luck…)

There is also a part that says:
"WHEREFORE, plaintiff prays for the following relief:

  1. That plaintiff be awarded primary legal and physical care, custody and control of minor children.
  2. That plaintiff have such other relief as the Court deems just and proper."

I am also not in agreement with him getting primary legal and physical care, custody and control of the kids. I just do not know how or even what I am suppose to do now. I also recieved a civil summons for divorce and I am not in any disagreement with what is said on that paperwork. I believe he is just asking for an uncontested divorce. But, I need to submit an answer to that one also. I am so confused on what to do!!!