Custody Motion, how much time do I have to respond?

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

I got a custody motion from my ex. It was mailed with regular post to my mail box, and I didn’t need to sign anything off.
The court file was filed on Dec. 30th, 2011, though I got this in my mail box on the 2nd week of Jan. 2011.
There are 4 things that I need to do.

  1. Attend the children of divorce class. (Done!)
  2. Attend mediation group session. (Done!)
  3. Attend at least one mediation session. (This is coming up in 2 weeks.)
  4. Attend a court information Session. (will do this…)

My question are:
Do I have to file a “respond” to my ex’s motion for custody? I was told that I will need to write a respond and send this to court… If I do, when do I need to file this? Do I actually have a deadline? Or, can I go to the medication section first, which is coming in 2 weeks, then write the respond?

Thank you!

2

I recommend you do reply to the motion. Responses to pleadings are due 30 days from the date of service (the day your received it). Your reply should be filed with the court and sent to your ex, or their attorney.

3

Hi Erin,
Thank you for your respond! Since I didn’t sign the package, when will the court start to count the 30 days?

4

Service is complete upon deposit in the U.S. Mail, so 30 days from the date of the postmark, you are given an additional 3 days under the rule to allow for transport and delivery.

5

Thank you very much for your speedy respond! :slight_smile:

6

You are welcome, I wish you the best.