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Motion of Default?

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kaysea

Junior Member
What is the name of your state?What is the name of your state? WA

:) Hi! I am new here, so please bare with me. :)

Back in June 2004 my husband and I filed for est. of parentage (with signed acknowledgement of paternity) and ex-parte emergency temporary custody(which we got) so we picked his daughter up and had her for a week. The mother got an attorney and he said we had to return her or we were going to be arrested so we did (spoke to the naval jag and they said we didn't have to) so obviously that was stupid on our part. So then my husband was deployed a lot this last year and he is here for good now and we want to finish up the case. We filed motions for temporary parenting plan (us custody) and we served her attorney on Oct 20th. He filed a notice to withdraw by Nov. 11th. We were able to locate mother and serve her on Oct. 28th. Our court date is Nov. 18th and she has not responded at all or served us. All she has is her declarations from the ex parte action in the file from a year ago. We want to file a motion of default but are not sure if we alloted her enough time since her attorney was withdrawing (it says 20 days) and when we file the motion of default. Do we file it when we go to court on Nov. 18th? or do we go to court and then go to ex parte? how soon can we do this? do we have to serve her for the motion of default? We think she may have ran with the daughter since her attorney withdrew. So we were hoping to get a default on the 18th and have temporary custody given back to us until the trial. We never officially went to court for this since he has been deployed..just my husband and I for ex-parte that once. Any help would be appreciated. Thanks!
 


LdiJ

Senior Member
kaysea said:
What is the name of your state?What is the name of your state? WA

:) Hi! I am new here, so please bare with me. :)

Back in June 2004 my husband and I filed for est. of parentage (with signed acknowledgement of paternity) and ex-parte emergency temporary custody(which we got) so we picked his daughter up and had her for a week. The mother got an attorney and he said we had to return her or we were going to be arrested so we did (spoke to the naval jag and they said we didn't have to) so obviously that was stupid on our part. So then my husband was deployed a lot this last year and he is here for good now and we want to finish up the case. We filed motions for temporary parenting plan (us custody) and we served her attorney on Oct 20th. He filed a notice to withdraw by Nov. 11th. We were able to locate mother and serve her on Oct. 28th. Our court date is Nov. 18th and she has not responded at all or served us. All she has is her declarations from the ex parte action in the file from a year ago. We want to file a motion of default but are not sure if we alloted her enough time since her attorney was withdrawing (it says 20 days) and when we file the motion of default. Do we file it when we go to court on Nov. 18th? or do we go to court and then go to ex parte? how soon can we do this? do we have to serve her for the motion of default? We think she may have ran with the daughter since her attorney withdrew. So we were hoping to get a default on the 18th and have temporary custody given back to us until the trial. We never officially went to court for this since he has been deployed..just my husband and I for ex-parte that once. Any help would be appreciated. Thanks!
You didn't give some important information, like WHY your husband went for the emergency ex-parte in the first place.

However, I think that this case is sufficiently complicated that it really isn't wise to handle it without an attorney. The bottom line is that your husband has recently returned from deployment, and apparently didn't have primary physical custody of the child before he went on deployment.
 

kaysea

Junior Member
response

1) The mother has a cps record of 125pgs. She runs, leaves the child with people for extended periods of time, married a man she said raped her and molested their daughter. cps has taken the kids away for periods of time. We recently found out that she left her again with someone for so long they applied for welfare, she gave custody of her son to her (now)ex husband that isn't supposed to be around either of them, and she has moved again, plus final saying in her cps record is that she is hiding from them.
2)The bottom line is that your husband has recently returned from deployment, and apparently didn't have primary physical custody of the child before he went on deployment. (I am confused by this statement unless you are referring to when I made the statement temporary custody again?) We know he doesn't have primary custody that is what we are trying to do right now with the motions. We just need to know the steps for a motion of default..whether it is done at the hearing nov 18th or if we have to ask for it at a later time? :confused: Thanks!! :p p.s. we have been dealing with the JAG but they currently are going through rotation and we cannot get into see them for a month!!! *yikes!*
 

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