I was provided a motion to modify parenting plan via email from my ex wife's attorney. They requested the courts to grant it immediately with request to forthwith hearing. I'm working on a response however trying to gather evidential documents can take sometime and I'm wondering how long I have to respond?
Usually, you have 21 days from the date of actual filing. That said, you need to check with the clerk of the court to make sure the court did not issue an order that shortens the response time (which sometimes happens with requests for rapid relief).
A family law attorney can figure those things out very quickly for you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced attorney to be fully aware of your rights. Finally, please forgive any typographical errors in my note!
I agree with Mr. Deasy. Generally, you will have 21 days, however, if the court is convinced that a shorter response time is appropriate, then they may issue an order stating the same.
Based on the limited facts provided, it sounds as though this may be a motion to restrict parenting time, as opposed to a standard motion to modify parenting time. If that is the case, then the court will have a hearing within 14 days of the filing of the motion.
I recommend speaking with an experienced family law attorney about this matter, so that they can review the pleadings that have been filed and any orders issued by the court.
Best of luck to you.
This response does not constitute legal advice and does not create an attorney-client relationship.
Normally you have 21 days to file a written response. Given that they titled the motion "forthwith," a court could potentially act upon it sooner, such as setting a hearing or giving you a shorter time to respond. You should contact the division to let them know you will be responding. Even if the court says it's going to set the matter for hearing, you should still get a written response filed.
Any answer provided is for general information purposes only and should not be construed as creating an attorney-client relationship with Stephen J. Plog or Plog & Stein, P.C.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline