Friday a request to extend the deadline for responding to the suit was made public. A district court judge has agreed to the extension through February 17.
In the meantime, Jason's attorneys have also filed a motion to move the hearing to Transylvania County where Jason is currently living with his daughter.
Michelle's mother, Linda Fisher, previously filed a wrongful death suit claiming Jason murdered her daughter.
Jason never responded to the civil lawsuit and the judge declared that he was responsible for his wife's murder by default.
A settlement in that case must still be worked out in the courts, but Fisher is trying to claim all of Jason's assets.
The child custody lawsuit was filed later and experts wondered if Jason would refuse to respond to the lawsuit or potentially give up his daughter by not responding.
Although Jason has been granted an extension in the custody suit and has asked that it be moved to Transylvania County, he technically has not responded to it.
