TRY ME!
Custody Motion Filing Process
Ask Your Question For FreeSummary
After filing a custody motion in North Carolina, the court clerk issues a summons, and the other party is typically notified within a week. They have 30 days to respond, but can request an extension. If granted, the court may delay the hearing. The summons includes court details, involved parties, and response instructions. If the hearing is scheduled before the 30-day period ends, the respondent should file their answer promptly. Always consult with your attorney for specific guidance.Full Conversation
When will the other party be notified
The other party is typically notified shortly after the custody motion is filed. This notification is usually done via a process server or certified mail. However, specific timelines can vary based on location. Where are you located?
North Carolina
In North Carolina, after your attorney files a custody motion:
- The clerk of court issues a summons to the other party.
- The other party is usually notified within a week.
- They have 30 days to respond.
Please check with your attorney for specifics.
- The clerk of court issues a summons to the other party.
- The other party is usually notified within a week.
- They have 30 days to respond.
Please check with your attorney for specifics.
What’s in the summons
A summons in North Carolina typically includes:
- The court's name and address.
- Name of the parties involved.
- Case number.
- Date of issue.
- Instructions on how and when to respond.
- The court's name and address.
- Name of the parties involved.
- Case number.
- Date of issue.
- Instructions on how and when to respond.
What if the hearing is in less then 30 days
In North Carolina, the summons gives the respondent 30 days to file a written answer. If the hearing is in less than 30 days, the respondent should still file their answer as soon as possible. Always check with your attorney.
Can that party file a extension
Yes, in North Carolina, the other party can request an extension to respond to the summons. This, however, is at the discretion of the court. It's always best to seek legal advice in these situations.
But will the hearing still go on
In North Carolina, if the other party requests an extension, the court may decide to postpone the hearing. However, this is at the judge's discretion. Your attorney will have the most accurate information.
What happens when my attorney files motion in North Carolina
When your attorney files a motion in North Carolina:
- The court clerk issues a summons.
- The other party is notified, usually within a week.
- They have 30 days to respond.
- If they request an extension, the court may postpone the hearing.
- The next step is usually a court hearing.
- The court clerk issues a summons.
- The other party is notified, usually within a week.
- They have 30 days to respond.
- If they request an extension, the court may postpone the hearing.
- The next step is usually a court hearing.
Does it take a week to get notified
In North Carolina, typically the other party is notified within a week after the custody motion is filed. However, the exact timeline can vary. It's best to consult with your attorney for specifics.
Once they get serve what happens next
After being served in North Carolina:
- The other party has 30 days to respond.
- They may request an extension.
- If no response, the court may proceed with a default judgment.
- If they respond, a hearing is scheduled. Always consult with your attorney for specifics.
- The other party has 30 days to respond.
- They may request an extension.
- If no response, the court may proceed with a default judgment.
- If they respond, a hearing is scheduled. Always consult with your attorney for specifics.
What happens with a extension
If the other party is granted an extension in North Carolina, they get additional time to respond. The court may also delay the hearing date. However, the specifics can vary by case and judge. Always consult with your attorney for accurate information.
What if the hearing is before the 30 days
If the hearing is scheduled before the *-day response period ends in North Carolina, the respondent should still file their answer as soon as possible. The hearing may proceed as scheduled, but this can vary by judge. Always consult with your attorney.
So what Happens when attorney files motion?
When your attorney files a motion in North Carolina:
- The court clerk issues a summons.
- The other party is typically notified within a week.
- They have 30 days to respond.
- If they request an extension, the court may postpone the hearing.
- The next step is usually a court hearing.
- The court clerk issues a summons.
- The other party is typically notified within a week.
- They have 30 days to respond.
- If they request an extension, the court may postpone the hearing.
- The next step is usually a court hearing.
What is a summon
A summons is a legal document issued by the court notifying the recipient of a legal proceeding that affects them. It typically includes:
- The court's name and address.
- Names of all parties involved.
- Case number.
- Date and time of the court hearing.
- Instructions on how to respond.
- The court's name and address.
- Names of all parties involved.
- Case number.
- Date and time of the court hearing.
- Instructions on how to respond.
Does the attorney get it the same day
When you refer to 'it', are you asking if the attorney receives the summons the same day the custody motion is filed?
Yes
In North Carolina, the attorney doesn't necessarily receive the summons the same day the custody motion is filed. The clerk of court usually issues the summons after the motion is filed and it may take a few days. Always consult with your attorney for specifics.