Good Evening,
A client has filed for a divorce pro se. Her husband signed a Waiver. Default Hearing was scheduled. In the meantime, the parties had a major disagreement and things fell through.
On the day of the Default Hearing, husband filed OTSC seeking residential custody of the children, which was granted. Judge also vacated Default and granted husband additional time to file his Answer. Now it appears that this formerly amicable divorce is turning into a full blown custody battle. My client did not ask for anything but a divorce in her Complaint. I am assuming that the husband will file his Answer as well as Counterclaim seeking custody. Would it make sense to file an Amended Complaint at this time adding additional relief sought, namely the custody of the minor children (residential, client is fine with joint legal custody)?
Thank you for any suggestions.
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Natalia Teper Esq.
Pennington NJ
(609)737-3030
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