Motion to modify custody


#1

I have a procedural question… My ex husband filed a complaint for custody/visitation in NC around December, 2008 (original order was from NY) and I was granted sole legal and physical custody of my 14 and 12 year old children in September, 2009 (again). He has now filed a motion to modify the order entered last September. He lives out of state and is exempt from mediation. Does an answer need to be filed in response to his motion? Or can I just move forward with my discovery?

Thanks for your assistance.


#2

I suggest you file a reply to his motion before proceeding with discovery.


#3

I should file a document with the Court and call it: “Reply to Plaintiff Motion for Modification of Custody/Visitation”??

Thank you!


#4

Yes, and respond by admitting or denying each allegation contained in the motion. After it is filed, be sure to serve it on your ex.


#5

I am drafting this document now and have an additional question… Should I have the response to the plaintiff’s motion notarized?

Thanks again!


#6

Yes, the motion should be verified.


#7

Last questions (hopefully). I wanted to verify what the sections of a proper response entail because this I am not filing an answer, per se. I have a “Response” section that addresses his motion to modify as well as the “Prayer for Relief.” Is there a “second defense” and/or a “counterclaim” in a response to a motion? I realize it’s important to ensure I am protecting my current status as sole custodian of the minor children so I want to make sure I include any appropriate defenses and/or counterclaim(s).

Thank you so much!


#8

No, there is no counterclaim, only your response which admit or deny the allegations.