Petition to Modify Parenting Plan/Default Entered

[jorgebarrios]

Florida/Broward County - I filed a petition to modify my parenting plan on 9/12/14, the respondent was served on 9/15/14, I filed a motion for default on 10/7/14, the respondent filed her answer with the court on 10/9/14. She had to file her answer 20 days from date of service, since she filed late and my motion for default was entered, I have the following questions:

- How does the default impact the case?
- Will the judge still read her answer and take it into consideration before he make a ruling?
- How different would the case have been is the respondent filed her answer before the or on the 20th day?
- If she doesn't file a motion to set aside default, will that help with my case?

I am in the process of filing a motion for civil content, the respondent discussed the details of the case with my son the same day she was served a copy of the petition which is clear violation of our parenting plan.

Any information or suggestions/advice is greatly appreciated.

Thanks.

 

[Proserpina]

Florida/Broward County - I filed a petition to modify my parenting plan on 9/12/14, the respondent was served on 9/15/14, I filed a motion for default on 10/7/14, the respondent filed her answer with the court on 10/9/14. She had to file her answer 20 days from date of service, since she filed late and my motion for default was entered, I have the following questions:

- How does the default impact the case?
- Will the judge still read her answer and take it into consideration before he make a ruling?
- How different would the case have been is the respondent filed her answer before the or on the 20th day?
- If she doesn't file a motion to set aside default, will that help with my case?

I am in the process of filing a motion for civil content, the respondent discussed the details of the case with my son the same day she was served a copy of the petition which is clear violation of our parenting plan.

Any information or suggestions/advice is greatly appreciated.

Thanks.

She was 2 days late? That's it? 2 days? I suspect the court will accept Mom's answer and go on from there.

What proof do you have that she's sharing details? And what did your order specify? Word for word please, no names.

 

[LdiJ]

Florida/Broward County - I filed a petition to modify my parenting plan on 9/12/14, the respondent was served on 9/15/14, I filed a motion for default on 10/7/14, the respondent filed her answer with the court on 10/9/14. She had to file her answer 20 days from date of service, since she filed late and my motion for default was entered, I have the following questions:

- How does the default impact the case?
- Will the judge still read her answer and take it into consideration before he make a ruling?
- How different would the case have been is the respondent filed her answer before the or on the 20th day?
- If she doesn't file a motion to set aside default, will that help with my case?

I am in the process of filing a motion for civil content, the respondent discussed the details of the case with my son the same day she was served a copy of the petition which is clear violation of our parenting plan.

Any information or suggestions/advice is greatly appreciated.

Thanks.

There is no default yet. You have requested that the judge make a default ruling but until/unless the judge does so, there is no default. Yes, the judge will likely read and take into consideration her response before making a ruling. It's unlikely that the judge will actually grant a default since she has actually responded (albeit a bit late). She cannot file a motion to set aside a default ruling unless/until the judge actually makes a default ruling.

Its very possible that the judge is going to accept her response as timely and deny your petition for a default judgment. Default rulings are usually NOT considered to be in the best interest of a child...which is why they are generally easy to get set aside and why judges tend to avoid making them.

 

[Proserpina]

There is no default yet. You have requested that the judge make a default ruling but until/unless the judge does so, there is no default. Yes, the judge will likely read and take into consideration her response before making a ruling. It's unlikely that the judge will actually grant a default since she has actually responded (albeit a bit late). She cannot file a motion to set aside a default ruling unless/until the judge actually makes a default ruling.

Its very possible that the judge is going to accept her response as timely and deny your petition for a default judgment. Default rulings are usually NOT considered to be in the best interest of a child...which is why they are generally easy to get set aside and why judges tend to avoid making them.

^^^ what L said!

(And in a far clearer way than I did)

 

[stealth2]

Just so everyone is on the same page...

https://forum.freeadvice.com/child-custody-visitation-37/violation-parenting-plan-parental-responsibility-fl-how-do-i-report-violation-608437.html

 

[single317dad]

Sneaking a judgment in on procedural technicalities is not how courts like to do things. They'll judge your case on the merits and the law more times than not.

If the answer was mailed, it may well have been postmarked by the outside due date anyway.

 

[jorgebarrios]

She was served in 9/15, she submitted her answer on 10/9, which was the 24th day, so she answered 4 days late, not sure if that makes a difference or not. I don't have physical proof as far as an email or text, etc. only proof I have is a logged call from her cell phone to my cell phone 5 mins after she was served. The language on the parenting plan is "Neither parent shall involve the child/ren in innapropiate topics of conversation (i.e. Court matters, parental differences, etc.)

 

[stealth2]

She was served in 9/15, she submitted her answer on 10/9, which was the 24th day, so she answered 4 days late, not sure if that makes a difference or not. I don't have physical proof as far as an email or text, etc. only proof I have is a logged call from her cell phone to my cell phone 5 mins after she was served. The language on the parenting plan is "Neither parent shall involve the child/ren in innapropiate topics of conversation (i.e. Court matters, parental differences, etc.)

A court is mpst likely going to give leeway for that four days, Really. Stop looking for loopholes.

 

[CJane]

You have almost no chance of 1) getting a default ruling or 2) having Mom found in contempt for allegedly discussing matters with the child. How would you ever prove that?

If it were me, I'd withdraw the motion for default, and move forward.

 

[Zigner]

The court may not count weekend days in its calculation. This would mean that the response was filed only 19 days after receipt (you start counting with the day after service.)

 

[Ladyback1]

She was served in 9/15, she submitted her answer on 10/9, which was the 24th day, so she answered 4 days late, not sure if that makes a difference or not. I don't have physical proof as far as an email or text, etc. only proof I have is a logged call from her cell phone to my cell phone 5 mins after she was served. The language on the parenting plan is "Neither parent shall involve the child/ren in innapropiate topics of conversation (i.e. Court matters, parental differences, etc.)

So....was it 20 calendar days? If so, the 20 days were "up" on 10/5 (which is a Sunday!)

I suspect that the 20 days is working days. If it is 20 working/business days, that means that the deadline was October 14. Remember October 13 was a federal holiday. (I began counting days on 09/16--but even if you begin counting on the day she was served? She still met the time limit...)

I seriously doubt that you have a leg to stand on, as far as when she answered the "complaint".

Furthermore: telling the child something simple like "mommy and daddy don't agree on some things, and we--as the big people/adults--need to let the judge/courts help us figure out a solution" is IMHO not an inappropriate involvement. (granted, NONE of the posters here know what was said, but still! Kids have questions about this sort of stuff. And no decent parent will ignore those questions, or blow those questions off as "unimportant")

 

[stealth2]

read p/x - OP like to knit at pics. Or pick at gnits. Gnats. Or something...

 

[jorgebarrios]

Not looking for loopholes, just not familiar with how a default works since this is the first time in doing this ... I would imagine if the courts says you have 20 days to respond and you don't comply within the 20 days then it would be considered a default

 

[Zigner]

Not looking for loopholes, just not familiar with how a default works since this is the first time in doing this ... I would imagine if the courts says you have 20 days to respond and you don't comply within the 20 days then it would be considered a default

20 court-days most likely. Not calendar days.

 

[jorgebarrios]

It's 20 calendar days, I confirmed this with the clerk of courts and the local Sherrif dept who I used to get her served