HELP! Received a Custody Motion NOT stamped

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

I am a father of four minor children. I was awarded a full custody about two years ago in Meck. County court. The mother gets visitation every other weekend. the kids are happy and settled with me. However, I just received in the regular (not certified) mail a motion from the mother’s attorney in which requesting to have the full custody as well requesting to move the case to Union County (where I and the children reside). The motion was written by her attorney but it is not stamped by clerk of court or has any thing showed it was filed.

What should I do? do I go to the court and see if it was filed? Do I file an answer any way? I received the motion on the third of October/2012 and I believe I have thirty days from that day.

Any help is appreciated. Can’t afford attorney and the mother is over $3200 behind on child support.

Thank you in advance
Jojo B.

2

There is no requirement that a party or counsel serve a file-stamped copy on the opposing side. If you have a deadline to respond, you should refer to the date of the pleading and the date on the certificate of service.