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.
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.