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Answer or Respond to a Parenting Responsibility Complaint (Defendant)

Don’t ignore the Summons and Complaint for Parenting Responsibility!

You only have 21 days to respond. If you don’t answer the summons and complaint in writing, the judge or judicial referee is allowed to grant the Plaintiff parent a default parenting responsibility judgment without your input.

If you missed your 21 day deadline and the Plaintiff made a motion for a default parenting responsibility judgment, go to Answer to Motion for Default Parenting Responsibility Judgment – for Defendant for information and forms to help you answer the motion.

If you have any doubts about whether it’s proper for the Plaintiff parent to serve you a summons and complaint for parenting responsibility in North Dakota, consult a lawyer immediately.

Overview

The information and forms on this page are for parents who were served a Summons and Complaint for parenting responsibility.

A parenting responsibility case is when parents who have never been married to each other ask a North Dakota District Court judge or judicial referee to establish residential responsibility (custody) and parenting time (visitation) to their children.

One parent, the Plaintiff, may start the parenting responsibility case by arranging to serve a Summons and Complaint for parenting responsibility on the other parent, the Defendant. In North Dakota, serving the summons and complaint starts the parenting responsibility case. Filing the summons and complaint doesn’t start the parenting responsibility case.

Why Doesn’t the Summons or the Complaint Have a Case Number?

A case number is only assigned by the Clerk of Court after the parenting responsibility summons and complaint are filed. The summons and complaint can’t be filed until copies are served on the Defendant parent.

In fact, Clerks of Court can’t accept a summons and complaint for filing without proof copies were already served on the Defendant.

How Do I Know the Summons and Complaint are Valid (Real)?

If the Summons is signed and dated by a lawyer, to be valid the lawyer must currently be licensed to practice law in North Dakota. You can check if that lawyer is allowed to sign the summons by going to the lawyer search on the North Dakota Court System website. Enter the lawyer’s Bar ID number or the lawyer’s name.

If the Summons is signed by the Plaintiff parent because the Plaintiff isn’t represented by a lawyer, to be valid the summons must be signed by a clerk of court or deputy clerk of court. If the summons is signed by just the Plaintiff, the summons isn’t valid.

Step 1: Calculate the Deadline for Serving Your Answer and Counterclaim on the Plaintiff Parent

The first step to answer a summons and complaint for parenting responsibility is to calculate your deadline for serving your answer on the Plaintiff parent.

You must serve a copy of your written answer on the Plaintiff within 21 days after the day you were served the summons and complaint.

How to Calculate your Deadline:

  • Don’t include the day you were served the summons and complaint for parenting responsibility.
  • Count every calendar day, including Saturdays, Sundays, and North Dakota state holidays.
  • Include the last day of the deadline, but if the last day falls on a Saturday, Sunday, or North Dakota state holiday, the deadline continues to run until the end of the next day that isn’t a Saturday, Sunday, or North Dakota state holiday.
    • For example, if the last day of the 21 day deadline lands on a Sunday, the deadline extends until the end of the next day, which is Monday. 

Step 2: Fill out the Forms to Answer a Summons and Complaint for Parenting Responsibility

The second step to answer a summons and complaint for parenting responsibility is to prepare two required documents:

  • The Answer & Counterclaim is the written response by the Defendant parent to the Complaint. The Answer must also state defenses to each of the claims in short, plain statements. The Counterclaim is the Defendant’s written demand to the judge or judicial referee for judgment granting the relief you’re seeking in the parenting responsibility case.
  • The Confidential Information Form lists the full confidential information that isn’t allowed to appear in other documents filed with the court. This form is part of the court’s record of the parenting responsibility case, but this form isn’t seen by the public.

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms are available only for parenting responsibility cases involving common and uncomplicated circumstances. The following forms won’t work for every parenting responsibility case. If the following forms don’t work for your situation, you need to create your own legal documents, or retain a lawyer to create the documents for you.

You may use the Center’s forms as templates to create your own legal documents. You may also find the General-Use forms in the District Court Civil Action Section of this webpage useful as a starting point to create your own legal documents.

Forms to Answer a Summons and Complaint for Parenting Responsibility – Read the Instructions First!

Step 3: Arrange to Serve the Answer and Counterclaim on the Plaintiff Parent

Service is providing copies of your completed Answer & Counterclaim to the Plaintiff parent. The court doesn’t serve the documents for you.

The court won’t file your Answer & Counterclaim until you have proof of service. A Declaration of Service by Mail gives the court proof of service.

Review the service instructions and forms carefully. If you have questions, retain a lawyer to help you.

(Service by mail is a common way to serve an answer to a summons and complaint. However, there are other ways to serve your documents. To the review other service options, go to Service Instructions and Forms.)

Service by Mail:

Notice of Filing:

Steps You Must Take Before the Court Can Establish Parenting Responsibility

You, the Defendant, need to take more steps to get a final judgment in your parenting responsibility case. There are multiple tasks to complete and deadlines to meet.

Your first step is to meet with the Plaintiff parent to prepare a joint informational statement. You have 30 days after you’re served the summons and complaint to meet and prepare the informational statement.

Go to Steps You Must Take Before the Court Can Establish Parenting Responsibility (Case Management) for instructions, forms, and other information.

If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.

The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it’s being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed, contact the clerk of court for the county.