lovespeace
Junior Member
What is the name of your state (only U.S. law)? Oregon
I am petitioner, filed petition for dissolution of domestic partnership (boyf/girlf 5yr relationship) and child custody. Also filed petition for temp. custody since I believe child was around pot smoking/parties, etc.
Respondent was served.
No response within 30 days.
Filed notice with court giving respondent 10days, certified mail to respondent.
I took mandatory parenting classbefore hearing, respondent did not.
Temp. custody court hearing took place, I had no strict evidence, of respondent's drug use or selling.
Judge granted temp. joint custody 50/50, respondent agreed to drug testing, child support of $80/mo, saying both our families were involved so he felt comfortable with that and if drug test results proved inaccurate with respondents statement that could be used in final hearing. Told respondent to lose druggie friends, start being a dad, and to file response paperwork.
Respondent had no attorney, my attorney was present.
My attorney wrote up limited judgment after hearing, mailed certified to respondent, asked for drug test results, implement child support paperwork, etc.
We adheared to temp. judgment besides him not being able to pick up or meet at designated time, him pulling daughter out of daycare with angry scene for non payment, grandparents taking care of while he partied, strippers sleeping over, etc. Pot smoke in car and house when I pick her up... class act loser of dad. Got fiied from his job, didn't pay $80/mo until unemployment started (6months after temp. hearing).
My attorney said judge gave him additional 30 days in temp. hearing to filed response.
Finally in Oct. me and my attorney filed default. It was signed my judge. Nothing went out to him at this point. I didn't tell him it was being filed. We were not on speaking terms for many reasons I won't go into.
We had to submit final judgment(default) 3 times because life insurance clause was incorrect. Court approved and judge signed.
Final judgment(default) filed in March 2009.
Was served with paperwork, Petition to set aside default and judgment on the basis he appeared in the case by attending the temp. custody hearing and didn't think he had to do anything else, and he did not know he was in default - stated he should have been served with this paperwork.
According to ORCP 5 persons in default do not have to be served. I have followed the laws correctly and my attorney said to a "T"
Tomorrow is court hearing for motion ... my attorney says this will be a high level legal issue between her and his newly appointment men's divorce attorney.
I don't see how I could lose, unless the judge gives sympathy... am I wrong?
What can I expect?
I am petitioner, filed petition for dissolution of domestic partnership (boyf/girlf 5yr relationship) and child custody. Also filed petition for temp. custody since I believe child was around pot smoking/parties, etc.
Respondent was served.
No response within 30 days.
Filed notice with court giving respondent 10days, certified mail to respondent.
I took mandatory parenting classbefore hearing, respondent did not.
Temp. custody court hearing took place, I had no strict evidence, of respondent's drug use or selling.
Judge granted temp. joint custody 50/50, respondent agreed to drug testing, child support of $80/mo, saying both our families were involved so he felt comfortable with that and if drug test results proved inaccurate with respondents statement that could be used in final hearing. Told respondent to lose druggie friends, start being a dad, and to file response paperwork.
Respondent had no attorney, my attorney was present.
My attorney wrote up limited judgment after hearing, mailed certified to respondent, asked for drug test results, implement child support paperwork, etc.
We adheared to temp. judgment besides him not being able to pick up or meet at designated time, him pulling daughter out of daycare with angry scene for non payment, grandparents taking care of while he partied, strippers sleeping over, etc. Pot smoke in car and house when I pick her up... class act loser of dad. Got fiied from his job, didn't pay $80/mo until unemployment started (6months after temp. hearing).
My attorney said judge gave him additional 30 days in temp. hearing to filed response.
Finally in Oct. me and my attorney filed default. It was signed my judge. Nothing went out to him at this point. I didn't tell him it was being filed. We were not on speaking terms for many reasons I won't go into.
We had to submit final judgment(default) 3 times because life insurance clause was incorrect. Court approved and judge signed.
Final judgment(default) filed in March 2009.
Was served with paperwork, Petition to set aside default and judgment on the basis he appeared in the case by attending the temp. custody hearing and didn't think he had to do anything else, and he did not know he was in default - stated he should have been served with this paperwork.
According to ORCP 5 persons in default do not have to be served. I have followed the laws correctly and my attorney said to a "T"
Tomorrow is court hearing for motion ... my attorney says this will be a high level legal issue between her and his newly appointment men's divorce attorney.
I don't see how I could lose, unless the judge gives sympathy... am I wrong?
What can I expect?