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Do I need a lawyer or paralegal to complete my paperwork/file an answer?
Anonymous6 views3 answers
I was served a supplemental petition to modify parental reonsiblity, visitation, or parenting plan. He is only pursuing this because he was ordered to pay child support in January. It was effective March 1st and he has since petitioned for child support modification which was denied. He has not been interested in any type of visitation until now which is an effort to reduce or eliminate paying child support. If I do not file an answer will the judge automatically rule in his favor? Does my son (14 years) have any say because he does not want to stay overnight with his father.
He doesn't automatically lose, but the judge may not allow you to present witnesses or evidedence at a trial. Your son will almost certainly have no say in this. You need to file an answer. You can use a paralegal if you want, but isn't your son's future worth the price of a lawyer?
He will not automatically win (but why even take the risk). He still needs to prove that there has been a change in circumstances since the entry of the Final Judgment that is substantial, unanticipated and material. His proposed modification(s) also need to be in the best interest of your son. As far as your 14 years old son testifying before the Court as to his preference - I would not count on it. The Court typically does not permit this type of testimony from a 14 years old child (more likely when the child is 16 or 17 years old).
You should definitely answer the Supplemental Petition within the 20 days from the date you were served (with or without an attorney). Although hiring an attorney is not a requirement to proceed; having a professional by your side to help protect your son's best interest is priceless.
Good luck!
I fully agree with the advice of my colleague.While you always have the ability to represent yourself, it is very unwise to do so when dealing with rights to your child. Furthermore, if the other side is represented by counsel, engaging in motion practice with an attorney will lead downhill and very quickly. Please seek counsel.Best of luck.
