QUESTION

I filed a child custody complaint. Mother of my child filed answer and counterclaim but has never served me. at court date can I get default judgement

Asked on Apr 03rd, 2021 on Child Custody - Nevada
More details to this question:
never married and I am father and plaintiff. we don't have previous order or agreement. we have been splitting time with me keeping son 4 days and her 3 days. I filed custody complaint for joint legal and physical custody. she filed a counterclaim and answer but failed to serve me with that counterclaim. At our upcoming court date can I request that judge order default judgement for me the plaintiff cause I was not served at all?
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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You can raise lack of service, but a counterclaim does not normally have to be personally served.  Was it mailed to you?  Even if not, "default judgment" is not usually the outcome for service problems; if anything, it tends to result in an extended time to respond.  As a general matter, you should probably seek to address the merits, and not rely on procedural "gotchas," especially for child custody, as to which the Nevada Supreme Court has ordered that every decision must be based on the merits and not a procedural deficiency such as a discovery sanction.
Answered on Apr 07th, 2021 at 1:55 PM

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