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

Q: How do the 20 days to respond to a summons consist of? My case is a child custody by third party non-parent(grandparent)

My grandsons dad and my daughter got served on February 15th. The summons says they have 20 days to reply. I am wondering how the court counts 20 days if the weekends are counted or not. According to my sum the last day would be today. The father has a warrant for his arrest in another state for drugs and alcohol while driving. Both him and my daughter have heavy alcohol and drug use. I was wondering what I can do next? Can I win by default cause they didn't respond? Would I still have to see the judge?

Related Topics:
1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The twenty days includes weekends but the final day must be a weekday so if day twenty is a Saturday Sunday or holiday the the next business day would be the final day. After the twenty days passes you can move for a default judgment against the parties that were served. Because children are involved what you can get from a default judgment depends on the specific circumstances of your case. After filing for a default you will probably need to see the judge. Look for a consultation with a local family lawyer for more specific advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.