Can a Counter Claim Be Made in Family Law Florida

If you lot were served with a summons and complaint for custody or paternity, there are things y'all must practice to participate in the instance. If you lot do nothing, the other parent may be able to get a terminal society without y'all. Visit this section to find out important information yous should know, deadlines you must follow, and forms you must file in one case you lot take been served.

Before you lot begin:

• Is this page for me? This page is for people who have been served with the very offset papers starting a custody or paternity example (a complaint and summons).  If you were served with something called a "motion" in that location are different papers you demand to respond. If y'all received a motion asking for "temporary" orders, visit Opposing a Motion for Temporary Orders. If you lot received a motion to change or enforce existing orders,  see Changing the Club or Enforcing the Order for more information most how to oppose those motions.
• Do I have to file something?If yous disagree with anything the other parent is request for in their papers, you demand to file a response.  If you don't, the other parent may be able to go everything they asked for in their complaint.
• What laws apply?Learn the basics of the laws that employ on the Custody Overview page.
• Where can I learn more?You tin attend a free custody form that teaches you the basics nearly custody cases.

Follow these steps to respond to the instance:

 1: Read the complaint and decide what to do.  Ignoring the papers will not make the example become away.  You need to understand what the other political party is request for so yous can determine what to do.

 2. Know your borderline!  You take to act quickly if you lot disagree with anything the other party is request for.

 3. Fill out the forms.  You have to fill up out at to the lowest degree ane class to respond to the case.

 4. File the forms.  Plow in your completed forms by mail, efiling, or in person to the Clerk of Court.

 5. Serve the Plaintiff.  You are responsible for serving the other party with a copy of your filed forms, ordinarily past mail service or e-service.

Larn more than about each step below.

 one. Read the complaint and make up one's mind what to do.

The complaint tells you what the other political party is asking for.  Don't worry, the judge has not ordered annihilation all the same.  Read the complaint. You lot may agree with some, all, or none of the complaint. Write down adjacent to each paragraph in the complaint whether you concur or disagree with what that paragraph says.

If yous hold with everything the other parent is asking for, yous may non need to file anything.  The other parent tin asking a default Custody Prescript in 21 days that matches everything requested in their complaint if you exercise non respond.

If you disagree with even one thing the other parent is asking for, you will need to file a response.

Circumspection!

If you are unsure what to do, it is always best to talk to a lawyer. Visit Lawyers and Legal Help for information on lawyers and gratuitous / low-price legal help.

 2. Know your deadline!

You merely accept 21 days subsequently being served to file your papers. If you were served more than 21 days ago, or if y'all are not going to be able to file a response within 21 days, you lot can fill out BOTH of the post-obit forms to inquire the judge to extend the fourth dimension to let you file:

Request To Extend the Time to Answer (pdf fillable)

Society To Extend the Time to Answer (pdf fillable)

If a default was already entered against you, you lot can file papers asking the judge to "set aside" the default, which means you want the judge to hear your side of the story before making a final order. Come across Setting Aside a Default or Order for information nigh this.

FYI!

If y'all are an active armed forces service member, y'all may be able to ask the court to "stay" the proceedings if your military service prevents you from being able to participate in the case. See the Information For Active Military Members to learn more about this.

 3. Fill out the forms.

Automated FORMS INTERVIEW AVAILABLE!

In that location is an automatic interview available that will complete your custody forms for you after you answer some questions nearly what you want to request (this is non notwithstanding available for the paternity forms)  To employ the automated interview, please click here and select the "CUSTODY; Answer and Counterclaim" interview.It is all-time to use Chrome or Firefox (Safari is not recommended and non supported).

At the end of the interview you will have to save your forms so file them with the family court.

To reply to the case, fill out these forms:

• Answer (and peradventure a Counterclaim) -Required.
• Financial Disclosure Class- Due within 30 days of your answer.
• Joint Preliminary Injunction -Optional

Respond (and maybe a Counterclaim)

Complete But ONE of the forms below - selection the ane that all-time fits your situation.  You can file just an respond or you tin include a counterclaim if you wish.

Answer just .  An "Answer" tells the estimate and the other parent what parts of the complaint yous hold with and disagree with. For instance, you might hold with paragraphs 1, two, 3, 7, 8 of the complaint, but disagree with paragraphs 4, 5, 6. Write that in the Answer. You do non have to requite whatsoever reasons.

Answer to Custody/Paternity Complaint (pdf)

Answer to Custody/Paternity Complaint (pdf fillable)

Answer with a Counterclaim . This is an "Respond" (described to a higher place) plus a "Counterclaim" where you tin can explain what yous want the guess to social club (like the Plaintiff did).

Financial Disclosure Grade ("FDF")

You (and the other parent) have to file a Fiscal Disclosure Form ("FDF") inside thirty days of when you file your Answer. It is all-time to file it with your Respond so yous do not forget subsequently.

The FDF gives information about your employment, your income, and your expenses.  Yous do non need to complete the "Personal Asset and Debt" information in this form. The information on this form helps the judge decide child back up and any other financial issues. If you lot exercise not fill out this form completely and accurately, the courtroom may rule confronting you.

You must adhere your 3 most recent paystubs to this form.

Financial Disclosure Form (pdf)  Financial Disclosure Form - Full general (pdf fillable)

Joint Preliminary Injunction ("JPI")

You exercise not demand to fill out this grade if the other political party already did.  If they did not, yous tin can request this injunction when you lot file your papers.  The injunction prevents both parents from doing the following while the case is going on:

• You cannot cancel whatever insurance plans.
• You cannot harass each other, the children, each other'due south relatives, or family pets.
• Yous cannot relocate the children out of Nevada without written permission.

Whoever has the form issued by the Clerk is legally prevented from doing all of the in a higher place things every bit soon as it is issued. The other parent is legally prevented from doing these equally before long as he or she is served with the papers.

If you lot would similar this injunction issued, y'all must fill out and file the form below request the Clerk of Court to effect i.

Articulation Preliminary Injunction Request (pdf)

Joint Preliminary Injunction Request (pdf fillable)

 four. File the forms

The fee to respond to a custody instance is $212, and the fee to reply to a paternity case is $223.  You can pay by greenbacks, money order, or almost major credit/debit cards. If y'all cannot afford the fee, visit Filing Fees and Waivers to find out how to inquire the court to waive the fee.

Yous tin can file your papers one of these ways:

1. By Postal service: Mail your forms and the filing fee (with check or money order made out to Clerk of Courtroom) to:

   Family unit Courts and Services Middle
   Attn: Clerk of Court
   601 Due north Pecos Road
   Las Vegas, NV 89101

2. Online: Y'all can file online through the court's e-filing organisation, eFileNV. At that place is a fee of $3.fifty to upload your documents, in addition to the regular filing fee. You lot must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents.  Carefully follow the E-Filing Guide to avoid mistakes.
   Eastward-Filing Guide
   
3. In person at the Family Courthouse (check our How to File page for hours and more information)

 5. Serve the Plaintiff

The Court does not serve the papers for y'all.  It is upwards to YOU to brand sure the other parent (the "Plaintiff") gets served with your respond.

Subsequently you file, ship a copy of your answer/counterclaim (and anything else you filed) to the Plaintiff or their chaser if they accept ane.  You lot have to send it within three days of filing.  You can send information technology by regular postal service, or you lot can east-serve it through the court's arrangement if the other party is registered for e-service.

After you serve, fill out a Certificate of Service and file it with the court.

Certificate of Service (pdf fillable)

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Source: https://www.familylawselfhelpcenter.org/self-help/custody-paternity-child-support/responding-to-custody-or-paternity-case/136-completing-filing-the-answer-counterclaim

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