Summary
After filing a custody motion in North Carolina, the court assigns a hearing date. You must serve the other parent with the motion and court date, typically at least 10 days before the hearing. The other party has 30 days to respond, but the hearing may occur before this period ends. If they dont respond, the court may grant a default judgment. Consult a legal professional for personalized advice.Full Conversation
Do you have to wait for court date when I file motion
Yes, after filing a motion, you typically have to wait for a court date. This date is assigned by the court and you will be notified. It's crucial to prepare for this hearing in advance.
So once there’s a court date will the opposite party be serve
Yes, in North Carolina, once a court date is assigned, you are responsible for serving the other party with the custody motion and the court date. This ensures they are aware of the hearing and have the chance to prepare.
How long does it take for them to get serve when I file motion
In North Carolina, after filing a motion, you should serve the other party as soon as possible. The exact time can vary, but it's recommended to serve at least 10 days before the court date. This allows the other party ample time to prepare.
So once I have the court date will court be in the next 10 days
The court date depends on the court's schedule and availability. It's not guaranteed to be within the next 10 days. You'll be notified by the court regarding the date. Please wait for their communication.
So when someone gets serve the have a hearing 10 days after
In North Carolina, it's recommended to serve the other party with the motion at least 10 days before the hearing. However, the actual hearing date is not necessarily 10 days after they're served. It depends on the court's schedule.
Why does the other party have 30 days to respond wouldn’t the 30 days pass the court hearing
In North Carolina, the *-day response period allows the other party to respond to your motion. However, the court hearing may occur before this period ends. The purpose of the hearing is not necessarily for the other party to present their full response, but to set initial orders.
Ok so if they don’t respond what happens
If the other party doesn't respond within the *-day period in North Carolina, the court may grant a default judgement in your favor. However, this depends on the court's discretion and specific circumstances. It's best to consult with a legal professional.
Can my attorney make them respond before 30 days
Your attorney cannot force the other party to respond before the *-day period. However, they can encourage a speedier response by communicating with the other party's attorney, if available. Keep in mind, the final decision remains with the other party.
When the parent is serve what info they get
When the parent is served in North Carolina, they receive the following information:
- Details of your custody motion
- The date, time, and location of the court hearing
- Instructions on how to respond
This helps them prepare for the hearing and respond appropriately.
so if the court is set 10 days after they were serve why do they have 30 days to respond
The *-day response time in North Carolina allows the other party to thoroughly prepare their response to your motion, even if the hearing is within that period. The hearing isn't necessarily the deadline for their full response, but a step in the process.
What if they take all 30 days to respond and the court is before
If the court date is set before the *-day response period ends in North Carolina, the hearing can still proceed. If the other party does not respond, the court may consider their lack of response when making its decision.
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