If your father has been served, rather than start a new action, he file an answer in the action where he was served, and if appropriate, file a counterclaim and have it served on the petitioner or the counsel for the petitioner. Even if he filed a new action, he would need to answer the action where he was served. So filing an answer or an answer and a counterclaim would be the more appropriate course for him.
Answered on Aug 01st, 2013 at 4:33 PM