Is it appropriate to respond to a custody petition before you go to court. Could I like type up a list of reasons with dates and explanations as to why her claim to have custody back is not in the childrens best interest. Send it to the judge before our first hearing which for the record is scheduled for 7 minutes.
It is not only appropriate, but essential to FILE an answer to the petition with the court. Have one copy for the court, one for opposing counsel and one for yourself.
Do I mail it to the court and to the petitioner before the noted court date? The court date is the first of many and is only scheduled for 7 minutes.
Here's how it works:
Party A Files a motion,, be it for custody, child support,, whatever.
Party B ( respondant,, thats you),, files an answer to the original petition, meaning,, You file a "answer" with the court refuting any areas you disagree with, or are false. You further state in your answer, your own demands.
You really need to consult with an attorney. It sounds as if you are pro se and your ex has an attorney. I dont suggest this at all. It's like you as an amatuer stepping into the ring with Mike Tyson,, and expecting to walk out on your feet.
Dont take this wrong, but I really dont think you will fare well vs an attorney at this point.
I am the girlfriend of 5 years of the dad who has custody of the boys. I have encouraged an attorney, but he thinks for the first date he can go in on his own. We do not think SHE (party A) has an attorney.
I am merely trying to help do things that will make him look better in the eyes of the court on day 1
call the clerk of the court, ask how you go about filing a response to the motion. usually your reposnce must be filed with the clerks office prior to the hearing and the hearing usually must be confirmed by a certain time before the court date.
I would go down to the court and ask. or look on your local courtweb site they may have the procedures that you must follow.
I would at the very least consult an atty prior to the hearing fo advice, some give a fee consultation.
:)
**These are my opinions, they are not legal advice**