Answering a Motion for a Default Parenting Responsibility Judgment
Don’t Ignore the Motion for Default Parenting Responsibility Judgment!
You have a 14 or 17 calendar day deadline to respond. If you don’t answer the motion in writing, the judge or judicial referee is allowed to grant the Plaintiff parent a default parenting responsibility judgment without your input.
Overview of Answering a Motion for Default Parenting Responsibility Judgment
The Plaintiff parent in a case to establish parenting responsibility (custody and visitation) may make a motion for a default parenting responsibility judgment when they can prove that the Defendant parent was served the Summons and Complaint and didn't answer in writing within 21 days after service.
The Plaintiff parent must prove the following, in writing, in their motion for default parenting responsibility judgment:
- You, the Defendant parent, were served the parenting responsibility Summons and Complaint as required by Rule 4 of the North Dakota Rules of Civil Procedure;
- At least 21 days have passed since the day after you, the Defendant, were served the Summons and Complaint, and you didn’t respond in writing;
- The North Dakota State District Court has the authority (jurisdiction) to grant a parenting responsibility judgment; and
- The Plaintiff provided all other necessary information and proof to the District Court judge or judicial referee.
You, the Defendant parent, have 14 or 17 calendar days to oppose the Plaintiff’s motion in writing. The way you oppose the Plaintiff’s motion is by serving and filing a written Answer to Motion for Default Parenting Responsibility Judgment.
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 for creating your own legal documents.
Instructions for Answer to Motion for Default Parenting Responsibility Judgment – Read First!
Forms Required for All Defendants:
- OP1: Answer Brief in Opposition to Motion for Default Parenting Responsibility Judgment
- OP2: Declaration in Opposition to Motion for Default Parenting Responsibility Judgment
- OP4: Confidential Information Form
- OP5: Declaration of Service by Mail
Forms Required if You Haven’t Served and Filed an Answer to the Summons and Complaint:
Other Resources
Following are other resources related to answering a default parenting responsibility judgment motion that may be of interest.
- Motion for Default Parenting Responsibility Judgment
- Answer or Respond to a Parenting Responsibility Complaint – for Defendant
- Steps You Must Take Before the Court Can Establish Parenting Responsibility (Case Management)
- Filing Fee Waiver Request
- Service Instructions and Forms
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 is 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.