Custoday Child Support Agreement

I recently had my ex (we were not married but had been off and on for over 12 years) served with paperwork for child custody and support in addition to our house. However it has now been over two months since he has received the paperwork and he himself has not yet obtained a lawyer or replied back regarding the papers. Is there a length of time that is given before legal proceedings are taken into action or do I just sit and wait while he seems to do nothing? As it is I feel as though I may have just wasted money for nothing and don’t know what to do since I’m being told that we have to wait for him.

If your ex was properly served, you only have to wait 30 days for him to respond. Since he has not responded to your complaint in any way, then you can schedule a custody mediation session and/or a court date. Be sure to send your ex a Notice of Hearing for the custody mediation session and/or court date at the address in which you served him.

At the court date, if he still does not show up, the judge will want to have a hearing on the issues in your complaint. You would testify and present any other evidence you have. The judge will likely grant your requests if your ex was properly served with the complaint and notice of hearing and did not show up.

Anna Ayscue

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

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