QUESTION
Can you write a letter to the court to challenge sole custody request in divorce?
Asked on Aug 26th, 2011 on Child Custody - Ohio
More details to this question:
My wife filed for divorce and she is requesting sole custody. Can I write my own letter to the court to challenge it?
24 ANSWERS
Steven D. Dunnings
It is not that simple. You should hire an attorney.
Answered on Jun 11th, 2013 at 1:32 AM
Family Law Attorney serving Little Rock, AR
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Tammy B. Gattis Attorney at Law, P.A.
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Yes.
Answered on Jun 09th, 2013 at 7:46 PM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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If you disagree with the Custody Petition filed by your wife, you have the right to respond and submit your own petition. However, this should not be done by way of a letter to court. If the court has already entered a custody order, then you must file for a modification of child custody. I would suggest contacting either the family law facilitator or an attorney about the proper procedure to follow so that your suggestions and concerns are addressed properly. Please feel free to contact me.
Answered on Sep 12th, 2011 at 12:12 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Yes. File a declaration and a proposed parenting plan.
Answered on Sep 02nd, 2011 at 7:08 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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No. You must comply with established court rules of procedure concerning how to respond to pleadings by the other party. Generally, from what you have said, it would appear that your wife's "request" was contained in the initial Petition for Dissolution of Marriage, so the proper action for you is to file a Response to the Petition.
Answered on Aug 31st, 2011 at 6:14 PM
A letter to the Court is not the proper way to address the issues. You may file a Response to her Order to Show Cause and include your Declaration in support of your position which is almost the same as a letter. The Response needs to be filed and served on your wife 5 days before the hearing date.
Answered on Aug 31st, 2011 at 5:56 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to file an Answer to her complaint which, yes, can be handwritten if you like. You really should consult with an attorney to assist you in the matter.
Answered on Aug 31st, 2011 at 12:56 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Basically - the answer is yes, the court wants to hear both sides. How you answer depends on how your wife requested sole custody, and in what document. The court wants to hear what you have to say, but you need to state your requests and thoughts with the appropriate forms. You will need to file a "Response" to the divorce petition within 30 days of it being served. If your Wife also filed an "Order to Show Cause" requesting sole custody, be aware that this is a separate document from the petition. This is a motion to the court which will have a hearing date. You need to file a Responsive Declaration to this motion, and it needs to be filed 9 court days prior to the hearing date. In the Responsive Declaration, you include a "declaration" stating your wishes and what you believe is the best custody situation for your child. Be aware that absent abuse or neglect, the court favors "frequent and continous contact" with both parents. Contact an attorney and/or the family law facilitator at your courthouse for further information.
Answered on Aug 31st, 2011 at 12:55 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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No this would be an ex parte communication. You have to challenge her request by filing an Opposition to the Motion OR an answer to her complaint requesting this.
Answered on Aug 31st, 2011 at 12:55 PM
You need to file appropriate legal documents opposing this request. You should immediately consult with a family law attorney about how to do this properly.
Answered on Aug 31st, 2011 at 12:31 PM
Yes, you can file such a letter with the court. For better results, you may want to look at the form of the document. For example, it might work better in the form of a declaration or in the form of a response to petition, depending on the circumstances.
Answered on Aug 31st, 2011 at 12:31 PM
Roianne Houlton Conner
Yes you can but it would be better if you hired an attorney to help you.
Answered on Aug 31st, 2011 at 11:48 AM
Criminal Defense Attorney serving Monticello, MN
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Smith, Paulson, O'Donnell & Erickson, PLC
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You need to speak with an attorney. There are specific documents that need to be filed with the Court, and they need to be properly served on your wife. If you fail to correctly file an answer, you could have the court enter a default order against you. That means that the Court could give her everything that she asks for and you would have NO right to tell the Court what you think should be done.
Answered on Aug 31st, 2011 at 11:43 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Yes. But it would be better if you follow court procedural rules. You can file your own proposed parenting plan. You can force a temporary hearing on parenting. You can present evidence why her parenting plan is not in the best interest of the child.
Answered on Aug 31st, 2011 at 11:03 AM
You would file a Response and Counterclaim. The form is available at wicourts.gov. You may also want to speak to or hire an attorney regarding your rights.
Answered on Aug 31st, 2011 at 10:51 AM
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If you were served, you will have to file an Answer within 20 days, but the court will not read a letter. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 31st, 2011 at 10:47 AM
In Georgia, you must file an Answer to the Complaint for Divorce in 30 days. You would challenge the request for sole custody in your Answer. It is at this time you could also file a counterclaim for divorce. You should consult with a divorce lawyer on this issue.
Answered on Aug 31st, 2011 at 10:35 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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It's a form not a letter. Yes, you may challenge her request.
Answered on Aug 31st, 2011 at 10:24 AM
Bankruptcy & Debt Attorney serving San Diego, CA
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Jackie Robert Geller Attorney at Law
You need to file a Response that requests a different arrangement, such as joint custody. Do it right away.
Answered on Aug 31st, 2011 at 10:04 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Offices of Bradley D. Hochberg
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A sworn declaration attached to the responsive pleading to the divorce.
Answered on Aug 31st, 2011 at 9:50 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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The proper way to respond is to file a Response to the request for dissolution with the appropriate filing fee. If she has set an Order to Show Cause, then you would want to file a response to that as well. Generally, in a custody battle, you will want to seek a skilled attorney to assist you.
Answered on Aug 31st, 2011 at 8:28 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You can certainly file what is called a responsive pleading, answer, or counterclaim to state your own position. In any event, the court will figure out that you do not agree when you have hearings in which you will espouse your feelings.
Answered on Aug 31st, 2011 at 8:28 AM
Glen Edward Ashman
If you write a letter to the Judge you will violate the rules of court and could be jailed for contempt. When you are sued for divorce you need a lawyer and not a path to prison. The proper response would be an answer and counterclaim, and if you care about the outcome you will get a good lawyer.
Answered on Aug 31st, 2011 at 8:19 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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It is a free country and you can write a letter to anyone. I would advise you not write the court. Many courts look down on communications from litigants. Leave that sort of thing to your attorney.
Answered on Aug 31st, 2011 at 8:19 AM