What is the name of your state?What is the name of your state? WA
Hi! I am new here, so please bare with me.
Back in June 2004 my husband and I filed for est. of parentage (with signed acknowledgement of paternity) and ex-parte emergency temporary custody(which we got) so we picked his daughter up and had her for a week. The mother got an attorney and he said we had to return her or we were going to be arrested so we did (spoke to the naval jag and they said we didn't have to) so obviously that was stupid on our part. So then my husband was deployed a lot this last year and he is here for good now and we want to finish up the case. We filed motions for temporary parenting plan (us custody) and we served her attorney on Oct 20th. He filed a notice to withdraw by Nov. 11th. We were able to locate mother and serve her on Oct. 28th. Our court date is Nov. 18th and she has not responded at all or served us. All she has is her declarations from the ex parte action in the file from a year ago. We want to file a motion of default but are not sure if we alloted her enough time since her attorney was withdrawing (it says 20 days) and when we file the motion of default. Do we file it when we go to court on Nov. 18th? or do we go to court and then go to ex parte? how soon can we do this? do we have to serve her for the motion of default? We think she may have ran with the daughter since her attorney withdrew. So we were hoping to get a default on the 18th and have temporary custody given back to us until the trial. We never officially went to court for this since he has been deployed..just my husband and I for ex-parte that once. Any help would be appreciated. Thanks!
Hi! I am new here, so please bare with me.
Back in June 2004 my husband and I filed for est. of parentage (with signed acknowledgement of paternity) and ex-parte emergency temporary custody(which we got) so we picked his daughter up and had her for a week. The mother got an attorney and he said we had to return her or we were going to be arrested so we did (spoke to the naval jag and they said we didn't have to) so obviously that was stupid on our part. So then my husband was deployed a lot this last year and he is here for good now and we want to finish up the case. We filed motions for temporary parenting plan (us custody) and we served her attorney on Oct 20th. He filed a notice to withdraw by Nov. 11th. We were able to locate mother and serve her on Oct. 28th. Our court date is Nov. 18th and she has not responded at all or served us. All she has is her declarations from the ex parte action in the file from a year ago. We want to file a motion of default but are not sure if we alloted her enough time since her attorney was withdrawing (it says 20 days) and when we file the motion of default. Do we file it when we go to court on Nov. 18th? or do we go to court and then go to ex parte? how soon can we do this? do we have to serve her for the motion of default? We think she may have ran with the daughter since her attorney withdrew. So we were hoping to get a default on the 18th and have temporary custody given back to us until the trial. We never officially went to court for this since he has been deployed..just my husband and I for ex-parte that once. Any help would be appreciated. Thanks!