Question:
I petitioned my ex-spouse for a child custody modification, and the 20-day waiting period has expired without an Answer from her to my Petition.
Is my ex-spouse in default? If so, would the judge be more likely to grant the child custody modification if my ex has not responded to the Petition in time?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
In general, before a default can be entered regarding any issue with children the court has determine that the proposed order is in the best interest of the children.
If the opposing party is out of time to respond, then you could present a default to the judge. However, it is likely the court will require that a hearing be set and opposing party provided reasonable notice of the hearing.
Typically, if the opposing party is not present, the judge is going to grant the request if it is in the in best interest of the minor child.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma Divorce Lawyer Kristy Kapp, contact Cordell & Cordell.
Okay, I am the mother in a very similar case that my ex husband ended up winning and I, too, ran out of time to supply an answer. My question to you is…I was NEVER notified of any upcoming hearing since I had gone into default…I had only been served papers stating he had put in a motion to change the prior custody agreement. What can I do now?
This attorney is wrong. Judgement will be granted by default if response not filed in timely manner. Its called due process.
How do you “run out of time” in regards to your CHILD. The thing that is supposed to be most important to you. If someone served me saying they were trying to take my babies away, id be at the court house 15 minutes later. It’s a single page of paper that you sign. That’s it.