What to do if you are served with a custody complaint?

If you have been served with a summons and complaint for custody or paternity, there are things you must do to participate in the case. If you do nothing, the other parent may be able to get a final order without you.

What happens if you ignore the custody papers?

Ignoring the papers will not make the case go away. In fact, if you do not file a response within 21 calendar days, the court could enter a default against you, and the other parent may be able to get everything they asked for in their complaint.

How much does it cost to respond to a custody case?

After you fill out the papers above, you will need to file them with the family court. If the other parent filed a “paternity” case, the fee to file your response is $223. If the other parent filed a “custody” case, the fee to file your answer is $212.

Can you get an injunction in a child custody case?

If they did not, you can request this injunction when you file your papers. The injunction prevents both parents from doing the following while the case is going on: You cannot cancel any insurance plans. You cannot harass each other, the children, each other’s relatives, or family pets.

How to file a counter complaint for custody?

Use form CC-DR-050 to file your Answer. Check the boxes to “admit” or “deny” statements in the Complaint. You may also file a Counter-Complaint for Custody (CC-DR-095) with your Answer if the custody order you want is significantly different than what the other party has requested.

How much does it cost to file a custody complaint?

The person filing the initial Complaint must pay a court filing fee. Custody is a civil action in which a clerk collects $165. See the fee schedule. If you can’t afford it, ask the court to waive the fee by submitting completed fee waiver forms with your Complaint. Watch a video on waiving court filing fees.

When to serve the defendant in a child custody case?

When to Serve the Defendant Your documents must be served within 120 days after you file the complaint. If the other parent is not served within 120 days, your complaint will be dismissed and you will have to start all over. If you cannot get the other parent served within 120 days, you can ask the Court to extend the time for service.

What happens if you fail to serve a complaint?

If you fail to serve the defendants within 120 days, your complaint will be dismissed. If you will not be able to serve within 120 days, file a motion asking the court to enlarge time for service before your 120 days run. (NRCP 4 (i); JCRCP 4 (i).)

How to serve the other parent with a custody waiver?

You must file the waiver with the court. All of the forms and detailed instructions are in the packet below: The other parent must be personally served with a copy of the documents. This means someone must hand-deliver the documents to the Defendant in person. The other parent can be served anywhere – at home, at work, etc.

Can a court serve the papers for the other parent?

The Court does not serve the papers for you. It is up to YOU to make sure the other parent gets served. Please read the information on this page very carefully. If the other parent is not properly served, your case could get dismissed and you will have to start all over!

How old do you have to be to serve custody papers?

The papers must be served by a “disinterested person.”. This means someone who is not a party in the case, not interested in the outcome of the case, and who is at least 18 years old. Family members and significant others (boyfriends/girlfriends) cannot serve the documents.

Can a court serve custody papers to another parent?

The Court does not serve the papers for you. It is up to YOU to make sure the other parent gets served after you file for custody . After you have completed the steps on this page, learn all about how to have the other parent served by visiting the Serving the Custody Papers page. WARNING! The Court does not serve the papers for you .

What’s the next step after opening a custody case?

After you open a custody or paternity case, the next step is to make sure the other parent is “served” with the papers. It is up to you to make sure that the other parent is served.

How to serve court papers in custody proceedings?

For child custody proceedings, use the forms below: Service is the delivery of court papers to a plaintiff or a defendant. Court papers may be served by mail, but you must follow very specific rules. Court papers may be served by personal service – handing a copy of the paper to the other party – but not by you or a person related to you.

When to respond to a child custody request?

If you have been served with papers that ask the court to issue an order about child custody and visitation arrangements, you should respond if you want to have input into the final decision. To get an overview of the child custody and visitation process, read:

When to seek modification of child custody or visitation orders?

Once the custody and visitation order (s) are in place, the parents must follow its terms or risk losing custody or access to the child. Further, a court can find you in contempt of a court order and order you to be incarcerated. Therefore, it is best to seek a modification of the court order instead of taking things into your own hands.

When to serve a summons in a custody case?

The Summons and Complaint (usually just called the “Summons”) Warning! The Summons must be served on your child’s other parent within 91 days, or your custody case may be dismissed. Can I Be the Server?

When to respond to a petition for custody?

Responding to a Petition for Custody and Support of Minor Children. If you have been served with a Petition for Custody and Support of Minor Children (Form FL-260 | video instructions ) asking for custody and visitation orders and/or child support, you have 30 days from the date you were served to respond.

Is there a form complaint for visitation Common Pleas Court?

INSTRUCTIONS FOR COMPLAINT FOR VISITATION BY THE MATERNAL RELATIVES (OR THE FATHER OR PATERNAL RELATIVES IF THE FATHER HAS BEEN ESTABLISHED) – TO OBTAIN VISITATION WITH A CHILD BORN TO AN UNMARRIED WOMAN SO LONG AS THERE IS NO OTHER COURT ORDER INVOLVING THE CHILD Attached is a form Complaint for visitation.

What do you need to know about filing a custody complaint?

Complaint for Custody / Paternity. This form is REQUIRED. The complaint tells the judge and the other parent what kind of orders you want. You are the Plaintiff and the other party is the Defendant. The complaint allows you to put together a proposal for what custody, visitation, and child support orders you want.

What to do if you are served with a summons for custody?

If you were served with a summons and complaint for custody or paternity, there are things you must do to participate in the case. If you do nothing, the other parent may be able to get a final order without you.