How to answer a child support summons

How To Respond to a Petition & Summons for Child Custody

So you've been served with custody papers. Now what?

If you disagree with anything the other parent is asking for, you should respond with an answer and counterclaim for child custody. Responding allows you to clarify anything and tell the court what you want. You can use our free templates below.

If you're divorcing, your response will also have to address matters like property division.

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Receiving a petition and summons for child custody

If you're served custody papers, someone has opened a child custody case against you. You'll receive your petition and summons in the mail, in person or through email.

A petition explains what the other parent is asking for. The summons tells you the location, date and time of the first court hearing, mediation or other event required by the court.

Read the petition and summons carefully. Figure out exactly what the parent is asking for, any documents you must supply and the deadlines by which you must hand them in. Call the court if you're having trouble locating this information.

Take note of the titles given to each parent. The parent who filed for custody first will either be the petitioner or plaintiff and you'll be the respondent or defendant.

Consider hiring a lawyer or finding a legal aid office if you're unsure of what to say in your response.

Step 1: Write your response

Some states have answer and counterclaim templates. (See States with forms below.) Otherwise, you can hire a lawyer to draft your response or write your own. You can also use our downloadable templates:

• Template: Answer for child custody
• Template: Counterclaim for child custody

In your response, you can refer to yourself as I or the title given to you in the custody petition (respondent or defendant). Refer to the other parent as mother, father, another title they go by or their role in the court case (petitioner or plaintiff).

As you fill in your forms, write N/A for anything that does not apply to your case.

Your response will focus on the petition. To respond to a summons for child custody, show up at the time and place stated on the document.

Writing an answer for child custody

An answer is your response to the claims in the petition. You'll specify which parts of the petition you agree with, which parts you disagree with and which you don't know about. Your answer can address errors like incorrect dates and locations, plus whether you agree with what the petitioner is asking for (e.g., the type of custody).

Title and header

Generally, you'll title your form Answer to Petition for Custody, but your court may prefer different terms. Your court might call answers responses and petitions complaints. Plus, not all states use the term child custody, and child custody cases aren't always heard in family court. Look at your state's custody laws to figure out the terminology you should use. If you're using our fillable template, you can type in the correct terms.

Your header should include the same information that is at the top of the petition: the case number, names of the parties involved, their addresses, dates of birth, lawyers' names, etc.

Body

The body of your answer is where you'll respond to the petitioner's claims.

Respond to the custody petition paragraph by paragraph. State whether you admit or deny each claim. If you admit something, that means you agree. If you deny, it means you disagree. You could state "I don't know" in relation to anything you're uncertain of. Precede each response with the number of the paragraph you're addressing.

If you don't plan on writing a counterclaim, you can attach a proposed parenting plan or custody schedule to show your ideal parenting arrangement. Sometimes this is required by the court.

Signature section

The bottom of your answer should have space for you and a notary to sign and date your document. Don't sign until you're in front of the notary.

Writing a counterclaim for child custody

A counterclaim allows you to ask the court to grant the arrangements you want.

Title and header

Format the top of your form like the answer. Swap out the word Answer with Counterclaim or whichever term your court prefers. If you're using our fillable template, type in the terms used by your local court.

Start with a formal statement of "I, [your name], state that...", followed by your first numbered paragraph, which should state the type of document you're responding to. (From here on out, you'll number the paragraphs.) Paragraph 2 should state your relation to the children.

After you list your children's names and dates of birth, put a paragraph listing your children's current address and whom they live with. Put your children's previous addresses and whom they lived with in the subsequent paragraph.

In the paragraphs that follow, state whether you or the other parent have been involved in any other cases about these children. You'll attach the court orders you have for these cases. Also, list the names of anyone else who is not involved in the case but has physical custody of the children or claims they have a right to physical custody.

Body

The rest of your counterclaim should look similar to the petition with numbered paragraphs briefly stating what you want and why you believe you should get it. For each counterclaim, explain why you believe your desired arrangement is in the best interest of the child.

You could attach a parenting plan to propose a custody schedule and any other terms you'd like the court to order.

Signature section

Designate a spot at the bottom of the form to sign your counterclaim. Wait until you're in front of a notary public to sign it.

Step 2: Finalize your response

It's a good idea to have your forms looked over by a legal professional. Some courts have family law facilitators or other staff members who can review your paperwork to make sure it's court-acceptable. Then, make two copies of each form. Sign the originals in front of a notary public.

Step 3: File your response

Follow the procedure for filing custody paperwork in your state.

Typically, you'll take your answer and counterclaim for child custody to the same court listed on the petition and summons. The court clerk will stamp all your forms with the date, time and possibly a file number. Most likely, you'll have to pay a filing fee. If you cannot afford it, ask for a fee waiver.

After you file

You must serve the other parent with copies of your response to the custody petition. Some courts require process servers to serve the other parent, while others allow parents to serve the papers through mail or hand delivery. You'll then have to file proof of service. Many courts have a specific form for this.

The other parent will have the opportunity to respond to your answer and counterclaim for child custody. If they do, you'll receive copies of their response.

Be sure to attend the hearing, conference, mediation session or other court date indicated on the summons.

What happens if the respondent does not file a response?

If you don't respond within the number of days specified by your local court, the other parent can file paperwork asking the court to enter a default judgment against you. If the court approves, the parent gets everything they asked for in the custody petition.

Generally, you don't have to file an answer if you agree with everything the other parent is asking for. Make sure you have a written agreement to turn in to the court. Otherwise, the other parent could change their mind and ask the court to hold you in default.

States with forms and instructions

The following states have answer or counterclaim forms or instructions on how to respond online.

Arizona
Instructions on how to respond

California
Answer

Colorado
Answer

Delaware
Answer

Florida
Answer
Answer and counterclaim

Georgia
Answer

Illinois
Answer

Maryland
Answer
Countercomplaint

Massachusetts
Answer

Michigan
Answer

Missouri
Answer

Nevada
Answer and counterclaim with instructions

New Jersey
Answer and counterclaim (divorce only)
Counterclaim (non-divorce)

Ohio
Answer to complaint (divorce only)
Counterclaim (divorce only)

Texas
Counterclaim

Washington
Answer and counterclaim

The tools you need for custody court

The Custody X Change app has many co-parenting tools to help you win child custody.

• Create a parenting plan that details your requested co-parenting rules.
• Make a custom parenting schedule to show the judge the physical custody arrangement you want.
• Keep a custody journal to organize evidence, document incidents and keep a record of co-parenting issues.
• Use the messaging center to keep an accurate record of your conversations with the other parent.
• Link your account to your lawyer's so you can save them time and save yourself money.

Custody X Change is software that creates professional parenting plan documents and parenting schedules.

Make My Schedule and Plan Now

Custody X Change is software that creates professional parenting plan documents and parenting schedules.

Answering a Complaint in Probate & Family Court

I just got a summons and complaint. It says I have to 

If you got a summons and complaint, you are the "defendant" in this case. The person who filed the complaint is the "plaintiff. " The complaint tells the court and you what they want the court to do. They put their reasons in their complaint.  In your answer, you respond to the complaint.  

What is an answer?

An answer is your answer to the complaint that was filed.  The court already has the complaint form from the plaintiff. When you file your answer with the court, you tell the court, in writing, the statements in the complaint that:

• you agree with,
• you disagree with, and
• you do not know about.

When you go to court, you can explain each point in more detail.

How do I answer the complaint?

1. Read the summons and make sure you know the date you must answer by.
2. Read the complaint carefully. You must have the complaint in front of you to write your answer.
3. Write your answer.
4. Sign and date the answer.
5. Make copies for the plaintiff and yourself.
6. Mail a copy to the plaintiff. Use certified mail. If the plaintiff has a lawyer, mail a copy to the plaintiff's lawyer.
7. File your answer with the court by the date on the summons. Filing your answer means, take your answer to the court, give it to the clerk. The clerk will stamp it the answer with the date and time. You must file your answer in the same court that is on the Complaint.

Read the Complaint

There is a number in front of each paragraph in the complaint. Write the number for each paragraph in front of your answer to that paragraph. Some paragraphs in the complaint may have more than one statement.

In a Complaint, the first paragraph is usually basic facts. It names the Plaintiff and Defendant. It also says where they each live.

The middle paragraphs are a very brief version of the Plaintiff’s side of the story. It also lists the facts as the Plaintiff sees them.  

The last paragraph often begins “Wherefore the Plaintiff requests that the court….” This paragraph tells the court what the Plaintiff wants the court to order.  

The middle paragraphs are a very brief version of the Plaintiff’s side of the story. They also list the facts as the Plaintiff sees them.  

The last paragraph often begins “Wherefore the Plaintiff requests that the court….” This paragraph tells the court what the Plaintiff wants the court to order. 

Write your answer

Number your paragraphs to match the paragraphs in the Complaint. Write one sentence in the answer for every statement in the complaint. Only tell the court that you agree, disagree or you do not know if the statement is true.

Lawyers usually write "the Defendant admits...," if you agree with the statement. They write "Defendant denies...," if you disagree with the statement. You can talk about yourself as "the defendant" or you can  just say "I admit," or "I deny that...."

If you disagree, you can also write one short sentence about what is true.

Example

The complaint gives the wrong birthday for a child. You can say, "I deny that Rafe's birthday is 3 November, 2008. Rafe's birthday is 13 November, 2008."

Where do I get an Answer form?

The only official court answer form is the Answer to Divorce. You can get it from the Probate and Family Court. There is no "official" court answer form for any other complaint. Lawyers write Answers from scratch. If you need to write an Answer, include:

1. The name of the court - you can find this at the top of the Complaint you got. If you are reading this article the Complaint you got was probably from the Probate & Family Court.
2. The Court Division - this is the county where the complaint was filed. Again, look at the Complaint you got. The Division is in the upper left corner.
3. The Docket No. - Look at the upper right corner of the Complaint. If the space is empty look at the Summons. If you cannot find a Docket No. anywhere, you can ask the clerk at the court when you file your Answer for the Docket No.
4. The Plaintiff's name. 
5. The Defendant's name - your name.
6. The kind of complaint you are answering. Read the complaint you got served - it will say, "Complaint for..." at the top, under the name of the court.
7. The plaintiff's address.
8. Your address.
9. A numbered list of answers to the statements in the Complaint. This is the "meat" of your answer - where you outline your version of the problem to the court. See write your answer.
10. Your signature.
11. The date you file your answer.
12. A Certificate of Service that tells the court how you made sure you sent a copy of the answer to the plaintiff.

See some examples of answers on the Legal Forms page of the Children and Families section.

What is a "Certificate of Service"?

A Certificate of Service is the statement you make to the court that says you have mailed a copy of the answer to the plaintiff. If the plaintiff has a lawyer, you can mail a copy just to the lawyer. You must tell the court who you sent the copy to. You must also tell the court how you mailed the answer, mail or certified mail, hand-delivered, or some other way.

What do I do after I fill out the Answer?

Sign and date the answer with the date you are going to file it at court. 

Fill out a certificate of service, sign it and date it the same day you plan to file the answer at court. 

Make copies of the answer and the certificate of service.

Mail one copy to the plaintiff or the plaintiff's lawyer. Use US First Class Mail, Certified Mail or deliver the documents in person. Keep a copy for yourself. Take the original Answer and Certificate of Service to the court named in the Complaint. Give the originals to the clerk at the court.

How much does it cost to file an Answer?

Nothing. The only cost to you is the photocopying and the price of mailing the papers to the plaintiff or the lawyer.

Is there a time limit? How long do I have to Answer?

Look at the Summons. You need to file an Answer by the date in the Summons. For most cases you have twenty days after you were served the Complaint, but check the Summons.

What if I miss the deadline in the Summons?

It is very important to file your answer on time. If you missed the deadline, you can try to file your answer late. It is better to file a late answer than no answer, but not all clerks will accept a late answer.  You may have to ask the judge for permission to file a late answer.  If that happens you would have to file a motion for permission to file a late answer.

What happens next?

Your Answer goes into the court file. When your case comes up, the judge can open the file and read your Answer.  Also the plaintiff or the plaintiff's lawyer should read your Answer. The case should go more smoothly when every one is prepared.

If there are financial issues, such as child support, is there anything else I will need to file?

If the case involves financial issues you will need to file a Financial Statement. You will not necessarily need to file the Financial Statement by the time you file your Answer. You will need to file a Financial Statement upon proper request by the other party, if ordered by the court, or following court rules. Parties must file a current Financial Statement at hearings about financial issues such as child support.

Also, you will need to fill out a Child Support Guidelines Worksheet for any court hearing about child support.

Could it ever hurt me to file an Answer?

Be very careful if you file an Answer to a family law Complaint outside Massachusetts.  Sometimes a family law case should not be heard in another state. If you do not tell the court that the case should be heard in Massachusetts, you might be stuck arguing a case out of state. This could cause problems for you.

If you are served a Complaint from another state, speak to an attorney in that state for some advice.

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Selection of court decisions for 2021: Article 167 "Consequences of the failure to appear at the court session of the persons participating in the case, their representatives" Code of Civil Procedure of the Russian Federation "Arguments of the appeal of Nova-Ch. " LLC about his failure to notify of the court session untenable, since it follows from the case file that the court session on November 26, 2019the company was duly notified by the court, the court summons sent to the address of its registration by registered mail was returned after the expiration of the storage period, since the legal entity did not ensure its receipt, the correspondence is considered delivered to the addressee by virtue of Art. 165.1 of the Civil Code of the Russian Federation, in connection with which the trial court had the provisions of Art. 167 Code of Civil Procedure of the Russian Federation, grounds for considering a case in the absence of a third party. "

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Lender's claims: On levying execution on pledged property.
Circumstances: The plaintiff indicated that the borrower did not properly fulfill the obligation to return the funds.
Resolution: Satisfied.
Procedural issues: On reimbursement of expenses for the payment of the state fee - satisfied. The arguments of the appeal that the defendant was not notified of the date, time and place of the hearing of the case, the judicial board recognizes as untenable, since there is evidence in the case file (ShPI 80094957775520) about sending a summons to the defendant, which was returned to the sender, due to the expiration of the storage period (case sheet 118). The postal item was sent to the defendant at the address indicated in the contract, the appeal, as well as the address certificate (case sheet 121, turnover). No other address for sending messages to the court was provided.

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"Cash cassation proceedings in the civil process of the Russian Federation and some foreign countries"
(Kovtkov D. I.)
("Justitsinform", 2018)According to Art. 385 of the Code of Civil Procedure of the Russian Federation, the persons participating in the case must be properly notified of the time and place of the court session, which means, for example, compliance with such notification conditions as sending a summons within a time period reasonably sufficient to prepare the parties and other persons participating in the case to protecting their rights, collecting the necessary materials, appearing in court, as well as fixing the result of the notification, which will serve as confirmation of the proper notification (receipt of sending a telegram, extract from the telephone log, fax, etc.). nine0015

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("Administrative Law and Procedure", 2019, N 2) There are about 200 cases in the proceedings of the justice of the peace. This burden makes it difficult to implement the principle of objectivity and impartiality of the consideration of the case. The term for consideration of this category of cases should not exceed three months. At first glance, without delving into legal proceedings, it seems that the established period is sufficient, but in practice there are difficulties with this. During the consideration of an administrative case, the parties file petitions to call witnesses and send court requests. And here it is already necessary to recall the established time limit for the consideration of the case. Witnesses are reluctant to appear in court. Having received the summons, despite the administrative responsibility, the witnesses ignore this call. After the first non-appearance of a witness, the court sends a decision to the bailiff service to ensure the appearance of these persons. This delays the process and affects the timing of the case. The situation is similar with respect to court requests. Not all organizations and even state bodies have time to prepare a response by a specific date and send it to the court. Similar difficulties arise when inspectors of the OBDPS traffic police of the Ministry of Internal Affairs of Russia are summoned to the court session, who directly drew up a protocol on an administrative offense. Since the duties of the OBDPS inspector of the traffic police of the Ministry of Internal Affairs of Russia include organizing a safe and uninterrupted traffic process, the inspector does not have the opportunity to leave the service, appear on call and give explanations at the court session, which is scheduled at a certain time. In such cases, after the inspector fails to appear, the judge sends a letter of request addressed to the head of the OBDPS traffic police of the Ministry of Internal Affairs of Russia for a particular city in order to ensure attendance, it is obvious that the court independently collects and requests all evidence in the case, which takes considerable time to consider and issue a final case decisions. nine0015

"Review of judicial practice in cases related to the recovery of alimony for minor children, as well as for disabled adult children"
(approved by the Presidium of the Supreme Court of the Russian Federation on 13. 05.2015) Such a decision was made the judge, taking into account the fact that the consideration of the case was repeatedly postponed due to the defendant's failure to appear and the lack of information about his proper notification. Summons, sent to O. by registered mail with notification, were returned by the communications authority due to the expiration of the storage period. Subsequently, by a ruling of a justice of the peace in accordance with Part 1 of Article 120 of the Code of Civil Procedure of the Russian Federation, due to the uncertainty of the place of residence of the debtor, O. was put on the wanted list at the request for the recovery of alimony. After consideration of the case on the merits by the decision of the justice of the peace, alimony was collected from O. in the amount of 1/4 of the earnings and (or) other income. nine0015

Decree of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 N 5
(as amended on December 23, 2021)
"On some issues that arise with the courts when applying the Code of the Russian Federation on Administrative Offenses"6. In order to comply with the deadlines established by Article 29.6 of the Code of Administrative Offenses of the Russian Federation for the consideration of cases of administrative offenses, the judge must take measures to promptly notify the persons involved in the case of the time and place of the trial. Since the Code of Administrative Offenses of the Russian Federation does not contain any restrictions related to such a notification, depending on the specific circumstances of the case, it can be made using any available means of communication that allow you to control the receipt of information by the person to whom it is sent (by a court summons, telegram, telephone message, facsimile communication, etc., via SMS, if the person agrees to be notified in this way and when the fact of sending and delivering the SMS notification to the addressee is fixed). nine0015

Response to claim | Juristaitab

If a claim is filed against you (i.e. you are the defendant), and the court accepted the statement of claim for proceedings, then the court serves the defendant with the statement of claim against signature along with the annexes and the decision to take into proceedings.

DELIVERY OF PROCEEDING DOCUMENTS

The court can deliver process documents in several different ways. Below are some examples of delivery, for more details see the Code of Civil Procedure, starting with Article 306 ( code : http://www.riigiteataja.ee/akt/121122012018 ).

Electronic delivery of a procedural document

The court may deliver a procedural document electronically via the information system provided for this, by transmitting there a notice of the availability of the document1 and to the telephone number provided by the court: 9006 ;
2) for a sole proprietor or legal person – at the e-mail address and telephone number registered in the information system of a register maintained in Estonia; nine0061 3) at the e-mail address and telephone number of the addressee and his/her legal representative entered in the population register;
4) according to the data available in the code of another state, in the database of which the court can independently control the data by means of an electronic request, by e-mail address and telephone number of the addressee and his legal representative;
5) with an Estonian personal code, to the e-mail address of the addressee and his legal representative: isikukood@eesti. ee .

NB! The court may transmit a notice of the availability of the document also via the phone number, e-mail address found in the open computer network , on the page of the user of the alleged virtual social network or the page of another virtual communication environment, which, according to the information published from the open computer network information that the addressee may conceivably use, or transmitted through which the information may conceivably reach the addressee . The court publishes the notice on the alleged page of the user of the virtual social environment of the addressee or the page of another virtual communication environment, if possible in a way in which the notice will not be visible to other persons except the addressee.

A procedural document is considered delivered if the recipient opens in this information system or confirms acceptance in the information system without opening the document, and also if this is done by another person to whom the recipient gives the opportunity to see the document in the information system. The information system registers the delivery of the document automatically. nine0015

See more details in additional article 311 ¹ of the Code of Civil Procedure.

Delivery of a procedural document by order of a participant in proceedings

A participant in proceedings whose submitted document is to be delivered, or in whose interests another procedural document is being delivered, may apply to the court for the delivery of document by his order . The participant in the process can deliver the procedural document only with the mediation of a bailiff .

On the basis of a court order , a procedural document can be delivered publicly if the address of the defendant is not entered in the register, or if the person does not live at the address indicated in the register, and the address or location of the person is before the court it is impossible to find out in any other way, and if it is impossible to deliver the document to the representative of the person or the person authorized to receive the document, or in another way established in the Code of Civil Procedure (the relevant notice is published in the publication Ametlikud Teadaanded, www.ametlikudteadaanded.ee ). If it is impossible to find the defendant in his living quarters, then the document is also considered delivered upon delivery to a person living in his living quarters or serving his family at least 14 years old. The procedural document can be delivered instead of the defendant to the apartment association serving this apartment building , where the defendant's residential or business premises are located, or to the owner of the subject of co-ownership, or to the landlord defendant , and employer defendant or another person to whom the recipient provides services on the basis of the contract.

In response to claim , the defendant must, among other things, state the following: