My partner was just served with papers being sued for custody from his ex. This is some of what it states:
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“To avoid controversy and conflict between the parties over the custody of the minor children, it is in the best interests of the parties and the minor children that this Court makes an award of custody of said minor children” and “Pl. and Def. have not participated in litigation concerning the minor children at issue, that no one other than the parties to this action have physical custody or claims to visitation rights as to the minor children, and to Pl. has no information of a custody proceeding concerning the minor children pending in a Court of this or another state”
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It also states that she is a fit mother for full custody and he is a fit father for visitation. Also that it is in the best interest of the of the minor children that their sole physical and legal care be vested to her.
They have a joint 50/50 custody agreement in place (between them and signed by their attorneys in the beginning) for the past 3.5 years. There have been no issues other than late when they had a disagreement on who is to pay for remote learning childcare (she can work from home and he can’t, she also makes more than he does). How can he find out exactly what this is about without getting an attorney first? If there have truly been no pressing issues does she have any grounds to sue for sole custody? It is just very odd.
We suspect that she is possibly wanting to move out of state or just to try and have a judge decide…
or is this more about a control issue? She had an affair and she left the marital residence which he still lives in. There is nothing to show he is an unfit parent. Just not sure what the next steps are.
At the end it says that the Pl. be granted temporary and permanent sole custody and control…Can she try and take them now? He has apparently 30 days to respond. We just arent sure what is going on and what to do. Not to mention the Sheriff served his 11 year old daughter today since he was at work and the grandparents were watching the children.
Is there a chance to get this dropped and get her to pay legal fees? It just doesn’t make sense.
Thank you!
Since he has been sued, it is important that he respond to the complaint within 30 days of being served, or at least file a motion for an extension of time to respond to the complaint within that 30-day period.
His response to the complaint is called an Answer and the answer admits or denies each of the numbered paragraphs in the complaint. He will also need to include his own counterclaim for custody asking for joint or primary or sole legal and physical custody.
Apparently the mother has a reason for filing a lawsuit or else she would not have wasted the time and money to file. The father can ask the mother why she filed, but that won’t change the fact that there is now a lawsuit against him that he needs to respond, counterclaim, and otherwise participate in.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. So if he gets an attorney, is there an option to take care of this outside of court…with a mediator or just between themselves and lawyers? Or does being sued automatically mean this has to go before a judge?
There are definitely opportunities to resolve this outside of court. Regardless of whether he has a lawyer, there is a mandatory custody mediation that both parents in the custody action must participate in.
If he hires a lawyer, there will be even more opportunities to attempt to resolve it without having a trial in front of a judge. These can be negotiations between both lawyers and the parties, formal mediation session (different than the mandatory custody mediation through the courts), etc.
Being sued for custody does not automatically mean that a judge will decide the outcome.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.