how to answer a summons child custody without an attorney is sc\

by Ludie Waters 9 min read

You must serve your opponent with a copy of your Answer and Counterclaim. Mail a copy of your Answer to the attorney representing your opponent, or directly to your opponent if s/he has no attorney. Mail your answer to the address which was stated on the Summons which you received. The Certificate of Service which you completed and filed with the court is your proof to the court that you did mail a copy of your Answer to your opponent.

Full Answer

Can I ignore a summons without an attorney?

If you look at the SUMMONS, which often is the first page of the papers that you received from the Court, you will notice that it demands that you Answer the complaint within 28 days after you are served with the Summons. YOU MUST FILE YOUR ANSWER WITHIN 28 DAYS. The page immediately below the Summons should be the first page of the Complaint against

What is a summons in a child custody case?

4. File the forms. The fee to respond to a custody case is $212, and the fee to respond to a paternity case is $223 . You can pay by cash, money order, or most major credit/debit cards. If you cannot afford the fee, visit Filing Fees and Waivers to …

How do I file an answer in a child custody case?

Apr 05, 2012 · My child's father and i agreed that he payed for our daughter's needs and i, our son's needs.well since i dont have a lawyer i have only 4 days left to write an answer back to the court, but i just need to know how to write a proper file stating that i dont agree with the petitoner ,i believ that i should have custody of both children.

What is an answer&counterclaim for custody?

You must serve your opponent with a copy of your Answer and Counterclaim. Mail a copy of your Answer to the attorney representing your opponent, or directly to your opponent if s/he has no attorney. Mail your answer to the address which was stated on the Summons which you received. The Certificate of Service which you completed and

How do you respond to a summons?

How do I answer the complaint?Read the summons and make sure you know the date you must answer by.Read the complaint carefully. ... Write your answer.Sign and date the answer.Make copies for the plaintiff and yourself.Mail a copy to the plaintiff. ... File your answer with the court by the date on the summons.

How do you respond to an affidavit of family court?

How to respond if you agree with the applicant's claimsFill out the form. Fill out the beginning of the Response – Family Law Act form (PDF, 0.1 MB). ... Copy the form. Make 2 copies of the form.File your form. ... Serve your form. ... File the affidavit with the court. ... Go to court. ... Fill out the form. ... Fill out your Reply Statements.More items...

What makes a mother unfit in South Carolina?

Whether the parent is fit, “able to properly care for the child and provide a good home,” The amount of contact the parent had with the child while the child was in the non-parent's custody, including visits and financial support, The circumstances of the parent's relinquishment of custody to the non-parent, and.Aug 6, 2021

At what age can a child refuse visitation in SC?

Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.

How do you write a response affidavit?

How to file an Affidavit in ResponseFill out the forms. Fill out the Affidavit in Response form (PDF, 10 KB), in addition to any other forms. ... Copy your documents. Make 2 copies of the affidavit and all your evidence.File your forms. ... Serve your affidavit. ... File the affidavit with the court. ... Go to court.

What is the purpose of an affidavit?

Affidavits verify the legitimacy of a claim and are used in conjunction with witness statements or other related evidence in a dispute or a criminal matter. The person who signs the affidavit must be personally aware of the facts contained within, and he or she must swear that the affidavit is 100% true.

How is custody determined in SC?

In determining the best interests of the child, the court must consider the child's reasonable preference for custody. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference.

How do you prove my ex is an unfit mother?

How Does a Family Court Determine If a Parent Is Unfit?A history of child abuse. ... A history of substance abuse. ... A history of domestic violence. ... The parent's ability to make age-appropriate decisions for a child. ... The parent's ability to communicate with a child. ... Psychiatric concerns. ... The parent's living conditions.More items...

How a mother can lose a custody battle?

A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.

When can you deny visitation to the non custodial parent?

The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.Apr 16, 2020

What is parental kidnapping in South Carolina?

Parental kidnapping happens when one parent takes their child without the consent of the other parent.

Can I stop my child from seeing his dad?

A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.