Failure to answer complaint


#1

Well, I am in the same exact situation. I filed divorce papers and got an order to attend mediation this Thursday. Well, my STBX did not respond to the divorce papers so I asked if I still had to go to mediation and turns out I do! My atty said that if he doesn’t show they will send him another summons to attend mediation, then if he fails to show he will charged with contempt. I do not know for sure how it will effect the mediation process that he did not answer my divorce complaint which gave me sole custody and him no visitation (he is in rehab). Guess we’ll see :slight_smile: Good luck!


#2

Dear miswiggie,

Even if someone fails to answer a complaint regarding custody if they show up in court they will be given the opportunity to state their case regarding custody. The court considers custody too important to enter a judgment by default, if your ex fails to show up in court the judge will rule in your favor.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

Great, thank you so much for your time!!

[:)]


#4

You’re welcome.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#5

Hi everyone:

I used the search option to see if this was already answered, but couldn’t find anything…

I filed paperwork for custody and support with the court, and of course had my soon-to-be-ex husband served with the Civil Summons. This was accepted and stamped by the court on December 5th, and it was ordered that my ex and I attend a mediation orientation.

On the document, it states “If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.”

My husband did NOT respond to this summons. He did not serve me with a written answer, nor is anything filed with the court.

I know in some civil cases, this pretty much means that things will go in the favor of the plaintiff (at least, I think it does!)

How about with a more serious issue such as child custody? Does failure to answer the complaint just mean he’s not denying the issue needs to go to court? Or does it mean that he is giving up some sort of rights in the event of a trial? Is it “good” for me that he did not respond? He also says he doesn’t think he has to attend the orientation. I didn’t tell him otherwise (I figured his attorney will.) If I’m not mistaken, he has to show up or face potential contempt of court charges. Sigh.

Okay, so what does everyone have to say about failure to answer a complaint regarding custody and support?

Thanks a bunch!!! [8)]