Not given the opportunity to respond to complaint


I was served with a complaint for sole Child Custody, attorney fees and waiver of mediation on June 25, 2014. According to the complaint I have 30 days from the date of receipt to file my answer to the complaint which I have been busy working on and collecting evidence to fight for joint custody of my child. Yesterday when I got home and picked up mail (6:15 p.m.) there was a notice from my ex’s attorney sent via first class mail. The notice was filed with the court on July 1, 2014. There was no date stamp showing when the letter was mailed. Subsequently the court on July 1, 2014 scheduled a court date for yesterday July 7, 2014 at 9:00 a.m. Is this legal?


The timeline here doesn’t make sense. A court date can be scheduled before you have an opportunity to file your answer, but 10 days notice of hearing is required. Seems like this July 7th hearing might have been for something other than what the June 25th complaint referenced. I would call the family court to ask about the timing issues.


I have ended up talking to a lawyer, proper procedure was not followed, he is going to file a motion to set aside the order. Thank you for responding