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File an answer. The most common way to respond to a complaint is by filing an answer. Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court. Request more information from the plaintiff. Cross-complain. File a motion to dismiss.
Listen to Your Lawyer. Eric Audras/Getty Images. Be Aware of the Evaluator's Role. The evaluator is an independent expert. Be Honest. Be completely honest. Prepare for Your Meeting. Make a Good Impression. Have a Positive Attitude. Stick to Parenting Issues. Cooperate.
To get back custody, you'll need to convince a judge that it's now in your child's best interest to be in your care. You'll need strong supporting evidence, because courts don't like to disrupt a child's stable routine.
If you and the other parent cannot reach an agreement in regards to child custody, you may have to go to court. When this happens, the judge will weigh the most important factor in your child custody decision: the best interests of your children.
All communication with your child's other parent, such as emails, text messages, voicemails, and letters. Journals. Photographs. Videos. Audio Recordings. Schedules including any times your child's other parent had to cancel or reschedule visitation.
Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.
You can file an answer or a general denial. Filing an answer. You can file a motion In certain situations, you can respond to the lawsuit by filing a motion (a request) that usually tells the court that the plaintiff made a mistake in the lawsuit. Talk to a lawyer!
Has one parent been the primary caretaker, or have the parents shared the responsibility? What is the mental and physical health status of the parents? Will the child be in a stable home environment?
Evidence of parenting ability: Courts look for evidence that the parent requesting custody is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, and parental guidance.