Legal Question in Family Law in South Carolina
custody battle uninformed
here is my question my husband is trying to sue me for custody I already have soul custody but he is trying to do this while i was on west pac. ihave not recived paperwork yet and was informed that the hearing is the 1st of Aug, I want to know if it's legal for him to do this and how I go about fighting this?
2 Answers from Attorneys
Re: custody battle uninformed
You have not provided sufficient information to repond to your question.
Is the action in California or South Carolina. The procedure would depend on the state.
Also if you are on active duty with the military, there is a federal law that provides some protection for you, by extending your time to respond and the procedure for service.
You need to contact the court immediately and notify them of the circumstances. If you are able attend the court hearing and request a continuance to obtain an attorney.
In California all custody or visitation cases must first go to mediation, where the parties attempt to come to an agreement.
Re: custody battle uninformed
You would probably need to contact the Court in the county where your husband is located and determine the status of the custody suit. If they have already filed suit and served you with by publication, then you may not necessarily get an summons and complaint for custody. I would contact an attorney in that area immediately, otherwise you could lose custody (assuming you have a court order stating you have custody). You should also contact the Court in the county where you live or where you think your husband filed a custody suit. Since your question is very vague and you have restricted time limits, you should go to an attorney's office ASAP and discuss this matter with her or him.