Family Law Questions? Ask a Family Lawyer Online.
Yes, a counter petition is required- the problem with family law is that some judges will go ahead and issue a modification without a counter petition and that would be appealable but if the end result is the same most parties won't contest it due to the cost of appellate review (since it wouldn't provide relief if the order is eventually modified).
Most courts follow proper procedure but I have seen in family law where they don't follow it to a tee. So in summary, a counter petition is technically required as it gives the other party the legal right to contest it.
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