Ex filed Custody Modification, Need Help!

[its4beth]

After our separation, my husband moved to Georgia. After the mandatory 6 month residency waiting period, I filed for divorce in Georgia. My children and I live in South Carolina. Our decree is in Georgia, and the order addresses child custody (joint legal custody, with me as primary custodial parent). There is no existing order in South Carolina regarding custody. My husband has filed a complaint for Modification of Custody. In the complaint, I found the first statement incorrect, as it states that the Plaintiff is a resident of the same county in which I reside. I have spoken with my ex several times over the past three weeks, and he led me to believe that he would have his attorney file an extension, allowing me another 30 days to file an answer. This would allow me some time to convince him that the action would not be necessary, and for us to have some time to discuss the situation and work out any areas of concern. However, I now think he agreed to do this in an effort to allow him a default judgement in his favor, as no extension has been filed. I would like to file something contesting the jurisdiction in this matter if possible. Under the PKPA and UCCJA, would this be appropriate? Obviously, I would like to have to retain an attorney in only one state. Also, because the deadline to file an answer is drawing near, I probably need to do this myself. Would you please tell me if I can challenge jurisdiction, and also where I might be able to find an example of this to copy? If there's way to contest this, how do I go about writing my own answer? After I have "dodged this bullet" of judgement by default, I will certainly hire an attorney to take it from there. I readily admit now that I was pretty stupid in trusting my ex's word on this. Thanks

 

[Michael Wechsler]

Dodging the bullet of judgment by default may be possible, especially with a good explanation coupled with him being represented by an attorney and you not being represented. I'm not sure what you mean by contesting jurisdiction and you'll need to explain.