Q: At what point will a judge enter a default judgment due to inability to serve?
My ex has been hostile and withholding her new physical address from me but all information she has provided constitutes custodial kidnapping. Tonight I received a text after requesting the address that I could have it once she was provided with information she wants (there is a clause in the custody order starting I have to be provided a new address within 10 days of her move). The move itself constitutes custodial kidnapping as it violated the portion of the order regarding moving more than 100 miles requiring a signed court order. I just had to request more time for service due to not having the address. would that text be enough for a judge to enter a default judgment in my favor?
A: No, you do not yet have enough to seek a default judgment. Your next step is to request alternative service. I highly encourage you to find a qualified family law attorney in the jurisdiction where your child custody order was entered to assist you in this process.
Stephen M Vincent agrees with this answer
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