Q: Filed for shared custody, mother didn't file all of needed papers nor served. What to do next? Can I file for default?
Filed for 50/50 shared custody of my 3 year son in October after Mother stopped visits for 5 months. Mother only allowed supervised visitation before where I was responsible for transportation, food and entertainment for her and her 4 children. Mother wants 70/30. She filed parenting plan and financial and mailed them to me. She has 5 more days to file 6 more required documents Magistrate asked for. If she does not file, what do I do from there? Can I file for default? I am representing myself (she is as well) and all papers state its my responsibility to move case forward. I am open to a 6 month step-up plan.
A:
You must file a motion to compel or for her to show why she should not be held in contempt of court for her not complying with prior court orders. You must also ask the court for a final hearing or trial in order to have the court determine the final parenting plan.
Good luck.
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