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?
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.
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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