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  1. #1
    rnstitch1971 is offline Junior Member
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    Motion for Default

    What is the name of your state (only U.S. law)? FL

    Sorry if I'm repeating anything, I've tried to find my answer and haven't found it.

    I filed for a Motion to Default on a Custody/Visition change. My ex is in jail and did not respond to the papers I had served on him the day before he was arrested. What is the next step and what are the chances that my request for a change in custody will go my way with him being in jail? (He is in jail for violation of probation on a third degree felony charge for theft.)
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by rnstitch1971 View Post
    What is the name of your state (only U.S. law)? FL

    Sorry if I'm repeating anything, I've tried to find my answer and haven't found it.

    I filed for a Motion to Default on a Custody/Visition change. My ex is in jail and did not respond to the papers I had served on him the day before he was arrested. What is the next step and what are the chances that my request for a change in custody will go my way with him being in jail? (He is in jail for violation of probation on a third degree felony charge for theft.)

    How long will he be incarcerated?

    What's the change in custody you're requesting?

    (It may or may not make a difference, but details are good to have!)
  3. #3
    rnstitch1971 is offline Junior Member
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    I am seeking sole custody with supervised visitation due to his past criminal history. I am unsure of how long he will be incarcerated because he is currently awaiting to be seen by the assigned judge for a VOP hearing which is scheduled for the 23rd of July. After that is up in the air.
  4. #4
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by rnstitch1971 View Post
    What is the name of your state (only U.S. law)? FL

    Sorry if I'm repeating anything, I've tried to find my answer and haven't found it.

    I filed for a Motion to Default on a Custody/Visition change. My ex is in jail and did not respond to the papers I had served on him the day before he was arrested. What is the next step and what are the chances that my request for a change in custody will go my way with him being in jail? (He is in jail for violation of probation on a third degree felony charge for theft.)
    When you filed the motion for default the court clerk should have checked to make sure that there was a return of service filed and that the 20 days had elapsed, and then issued a default.

    Why wasn't that done?
    Did you take the motion in in person, or did you mail it in?

    Either way, check with the court clerk's office to find out what to do next.

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