Custody Summons

[Kanchazi]

What is the name of your state? Fl
My wifes 17 yr old moved with his father 3 weeks ago. wife was primary custodian.
Wife always told her son that if he wanted to live with father it would be okay with her.
Last night we get served a court summon for change of custody and cease child support, it also says wife has to pay for ex -husbands court cost and attorneys fees. we have 20 days to answer..
My question is no one asked wife is she would give custody or agree to cease child support, is this normal to start with Lawsuit?? All it would of taken is a phone call it would of been resolved in 5 minutes. Can we say in the answer that we where never asked to agree to these request, Prior to the summons. Which she would of said ok to.

Thank You

 

[CJane]

It really doesn't matter if she would have agreed or not... it would still require a change to existing court orders for it to be done properly. If she's in agreement, there need not be any issues... she goes to court and says she agrees. A new order is entered. End of story.

 

[Kanchazi]

Cjane Thank you for your reply. What do we do about the fact that they are asking that we pay his attorney and all court cost?

And whats the best thing to say on the answer to the court on the summons.


Thank you

 

[CJane]

Cjane Thank you for your reply. What do we do about the fact that they are asking that we pay his attorney and all court cost?

And whats the best thing to say on the answer to the court on the summons.


Thank you

The request for fees is pretty standard. I wouldn't really worry about that.

What you answer depends on what EXACTLY his motion says.

 

[Kanchazi]

Cjane thanks again the motion is to change custody and stop child support.
we just want to go to court and agree. what do you suggest with put on answer to court summons
That we want our side heard?

 

[CJane]

Cjane thanks again the motion is to change custody and stop child support.
we just want to go to court and agree. what do you suggest with put on answer to court summons
That we want our side heard?

DO you want your side heard? If you want to agree to what dad is proposing, simply respond stating that your wife agrees to the change in custody and cessation of child support. She can then show up in court, swear that she really agrees, sign the papers and be done with it.

 

[Kanchazi]

Thank you Cjane thats what I was looking for, I just did not know if we had to answer in a certain way so as not to seem as we are agreeing to the attorneys fees, and court cost they are asking for.

thanks

 

[LdiJ]

What is the name of your state? Fl
My wifes 17 yr old moved with his father 3 weeks ago. wife was primary custodian.
Wife always told her son that if he wanted to live with father it would be okay with her.
Last night we get served a court summon for change of custody and cease child support, it also says wife has to pay for ex -husbands court cost and attorneys fees. we have 20 days to answer..
My question is no one asked wife is she would give custody or agree to cease child support, is this normal to start with Lawsuit?? All it would of taken is a phone call it would of been resolved in 5 minutes. Can we say in the answer that we where never asked to agree to these request, Prior to the summons. Which she would of said ok to.

Thank You

Just because he asked for his legal fees to be paid doesn't mean that the judge is automatically going to give that to him.

She simply needs to respond to the paperwork that she is in agreement with the custody change and ceasation of child support, and would have agreed to that if he had simply asked her to do so. However, she does not agree to paying his legal fees.