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  1. #1
    Jcolon515 is offline Member
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    Motion for Default-what happens

    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!
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by Jcolon515 View Post
    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.
  3. #3
    Jcolon515 is offline Member
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    Thumbs down

    Quote Originally Posted by LdiJ View Post
    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!
  4. #4
    Nevergrowup is offline Member
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    Quote Originally Posted by Jcolon515 View Post
    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?
  5. #5
    Silverplum is offline Senior Member
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    *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.

    Quote Originally Posted by Jcolon515 View Post
    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!
  6. #6
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    Quote Originally Posted by Jcolon515 View Post
    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 ([url]http://forum.freeadvice.com/child-custody-visitation-37/newbies-please-read-before-posting-387214.html[/url]) 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
  7. #7
    Silverplum is offline Senior Member
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    Quote Originally Posted by necessary evil View Post
    They aren't being nasty, they're simply being straightforward. If you will read the "Newbies Please Read Before Posting" thread ([url]http://forum.freeadvice.com/child-custody-visitation-37/newbies-please-read-before-posting-387214.html[/url]) 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'.

    Quote Originally Posted by necessary evil
    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. Oh, well, we don't all have time to waste on reading each & every poster's hx.
  8. #8
    Jcolon515 is offline Member
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    ubelievable..you would think your dealing with professionals..obviously not!
  9. #9
    Silverplum is offline Senior Member
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    Obviously!




    Quote Originally Posted by Jcolon515 View Post
    ubelievable..you would think your dealing with professionals..obviously not!
  10. #10
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by Jcolon515 View Post
    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.
  11. #11
    Zigner is offline Senior Member
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    If Jcolon thinks there's a "we" in this, I suggest he read up on Unlawful Practice of Law
  12. #12
    The_Non-Mom is offline Member
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    Quote Originally Posted by Jcolon515 View Post
    ubelievable..you would think your dealing with professionals..obviously not!
    Pretty sure professionals get paid for their services. What did you pay for the legally correct advice you were given?
  13. #13
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    Quote Originally Posted by Jcolon515 View Post
    ubelievable..you would think your dealing with professionals..obviously not!
    The grammatical and spelling errors in this statement made me a little homicidal for a second.

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