Orlando, FL asked in Child Custody and Family Law for Florida

Q: Filed for custody, mother replied but didnt reply with right paperwork. Can I still file for default?

We have a three year son whom I filed shared legal and physical custody of in October. She finally replied and wants sole custody but only filed a parental plan and financial affidavit. Can I file for default since she didn't file all required documents and mail them to me?

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2 Lawyer Answers
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
PREMIUM
Answered
  • Divorce Lawyer
  • Miami, FL
  • Licensed in Florida

A: If the Mother did not file an Answer to your Petition for Establishment of Paternity, then yes, the appropriate thing to file is a Devault and ask the judge for a final hearing.

Good luck.

Jean Richardson
Jean Richardson
PREMIUM
Answered
  • Divorce Lawyer
  • North Miami, FL
  • Licensed in Florida

A: If you are both "pro se", the judge may be a little more lenient if she filed a document within the 20 days she had to respond. You can move for a clerk default, however, you have to file for an order of final judgment on the default.

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