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Motion for Default-what happens

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Jcolon515

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

My fiance has filed a petition for modification of the parenting plan.

The respondent was served 20 days ago and has not responded.

We are now filing a motion for default judgement. Here's my question: We know for a fact the child's mother is not going to cooperate. What happens after the motion for default is filed? Do we have to attend a hearing? And what happens if she doesn't comply with the parenting plan? Would we be able to change custody so that the father can have him and the mother have visitation?

Thanks!
 


LdiJ

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

My fiance has filed a petition for modification of the parenting plan.

The respondent was served 20 days ago and has not responded.

We are now filing a motion for default judgement. Here's my question: We know for a fact the child's mother is not going to cooperate. What happens after the motion for default is filed? Do we have to attend a hearing? And what happens if she doesn't comply with the parenting plan? Would we be able to change custody so that the father can have him and the mother have visitation?

Thanks!
There is no "we" in this. You are also getting ahead of yourself.

IF your fiance gets a default judgement, which will only happen if mom doesn't show for court, then the judge may give him the changes he asked for.

If mom does not comply with the new court orders, then dad could take mom to court for contempt.

IF he takes mom to court for contempt, several times, and the judge agrees she is in contempt, then a judge MIGHT agree that a custody change is in order. However, mom will be given several chances to honor the court orders before that happens.
 

Jcolon515

Member
There is no "we" in this. You are also getting ahead of yourself.

IF your fiance gets a default judgement, which will only happen if mom doesn't show for court, then the judge may give him the changes he asked for.

If mom does not comply with the new court orders, then dad could take mom to court for contempt.

IF he takes mom to court for contempt, several times, and the judge agrees she is in contempt, then a judge MIGHT agree that a custody change is in order. However, mom will be given several chances to honor the court orders before that happens.
Legally there may not be a "WE" but as far as im concerned WE are in this together..

jeez do you people always have to be so nasty.. I'm not ahead of myself..I've been there every step of the way and have helped him with all of this. I don't think there's anything wrong with saying WE... I just wanted a simple answer thanks!
 
Legally there may not be a "WE" but as far as im concerned WE are in this together..

jeez do you people always have to be so nasty.. I'm not ahead of myself..I've been there every step of the way and have helped him with all of this. I don't think there's anything wrong with saying WE... I just wanted a simple answer thanks!
LD is about the least "nasty" person on this forum. Go mark your territory somewhere else, she was not nasty to you. Read the sticky and abide, or go away, your choice.

I'm sure you have helped him tremendously. That is your job, right? To help your new guy get the rights he deserved, usually that he didn't even know he needed? Oh, btw, THAT was nasty. See the difference?
 

Silverplum

Senior Member
*yawn*

WE (the "we" of us here on FA) hear that stuff every day. It's so common.

Common doesn't make it true. You can squawk till you're blue in the face, and there will not be a "we," LEGALLY, in your bf's legal case with his child and the mother of his child.

Squawk away if that's how you want to spend your time, but no one will listen here, and no one will listen in court.

Legally there may not be a "WE" but as far as im concerned WE are in this together..

jeez do you people always have to be so nasty.. I'm not ahead of myself..I've been there every step of the way and have helped him with all of this. I don't think there's anything wrong with saying WE... I just wanted a simple answer thanks!
 
Legally there may not be a "WE" but as far as im concerned WE are in this together..

jeez do you people always have to be so nasty.. I'm not ahead of myself..I've been there every step of the way and have helped him with all of this. I don't think there's anything wrong with saying WE... I just wanted a simple answer thanks!
They aren't being nasty, they're simply being straightforward. If you will read the "Newbies Please Read Before Posting" thread (https://forum.freeadvice.com/child-custody-visitation-37/newbies-please-read-before-posting-387214.html) you will see the rules for the board. Your best bet is to mind your P's and Q's and be respectful even when you feel the senior members aren't.. otherwise you get no help at all.

I'm just sayin'..

ETA: I guess we all hit the submit button at the same time.. LOL
 

Silverplum

Senior Member
They aren't being nasty, they're simply being straightforward. If you will read the "Newbies Please Read Before Posting" thread (https://forum.freeadvice.com/child-custody-visitation-37/newbies-please-read-before-posting-387214.html) you will see the rules for the board. Your best bet is to mind your P's and Q's and be respectful even when you feel the senior members aren't.. otherwise you get no help at all.

I'm just sayin'..
Thanks for sayin'. :)

necessary evil said:
ETA: I guess we all hit the submit button at the same time.. LOL
Yup! ;)

What we all should have done is read the poster's history before bothering. She's been told all of this before. :rolleyes: Oh, well, we don't all have time to waste on reading each & every poster's hx.
 

Gracie3787

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

My fiance has filed a petition for modification of the parenting plan.

The respondent was served 20 days ago and has not responded.

We are now filing a motion for default judgement. Here's my question: We know for a fact the child's mother is not going to cooperate. What happens after the motion for default is filed? Do we have to attend a hearing? And what happens if she doesn't comply with the parenting plan? Would we be able to change custody so that the father can have him and the mother have visitation?

Thanks!
In Florida a default only allows for a final hearing date to be set without the respondent's filed answer.

Once the default is issued, your fiance can then have a final hearing date set. If the ex does not appaer at the hearing, the Judge will likely grant your fiance's requests. However, even though there is a default, your fiance's ex can still appear at the hearing and be heard.
 

Zigner

Senior Member, Non-Attorney
If Jcolon thinks there's a "we" in this, I suggest he read up on Unlawful Practice of Law
 

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