What Happens After a Default Judgment in Child Custody?
In a default divorce, there is no contested divorce proceeding. If both parents are not willing to take a stand in the divorce, then the divorce will proceed without a trial. The question then becomes, what happens after a default judgment in child custody? What are the steps for getting a judge to set aside a default judgment?
Default divorces are uncontested
A default divorce is an uncontested divorce where neither party takes part in the divorce. If the spouses do not participate in the divorce proceedings, they lose their right to contest the divorce decree. This type of divorce is often the best choice for couples who want a quick and low-cost divorce without the need for a courtroom. Most courts are accommodating to uncontested divorces and even offer self-help services for divorcing spouses who do not want to fight their divorce.
Default judgments affect child custody
Default judgments affect child custody cases in a variety of ways. For example, they can cause supervised parenting time. During this time, the defendant must respond to inquiries from the court. This includes denying claims made against him or her and should be done with the assistance of a family law attorney.
Requesting a motion to set aside a default judgment
If you’ve received a default judgment in a child custody case, you’ll need to file a motion to set it aside with the court. This is a formal written request that outlines your reasons for seeking relief. Fortunately, there are many resources available to you, including the Self-Help Center, which has a sample form available for free. You can also access this form online.
Filing an order to show cause
Filing an order to show cause after obtaining a default judgment in child custody is an important step that must be followed carefully. The Order to Show Cause is a legal document that must be signed by a judge and served on the party requesting the hearing. The unsettled party must appear in court on the date specified in the Order to Show Cause.
Filing for sole legal decision-making
Filing for sole legal decision-making after default judgement in child custody involves following certain procedures. First, you need to fill out the necessary paperwork. You can file these forms online or at a courthouse in your county. Make sure to tell the clerk that you’re filing as a pro se litigant, as this will ensure that you’ll be able to use all of the necessary forms. If you need assistance completing the forms, you can always visit the courthouse or contact a legal aid office.
Serving the other party with a copy of the final Decree
After a court approves a child custody order in your favor, you must serve the other party with a copy of the decree. You can either mail the decree to the other party or serve it electronically through eservice. Whether you use eservice or the mail, it will take between two and four weeks to reach the other party. If you choose to serve the decree by mail, make sure to serve it with a Certificate of Mailing.
Getting a lawyer to help you navigate the divorce process
When you’re served with divorce papers, it’s crucial to hire a lawyer to help you navigate the legal process. Getting a lawyer to assist you in the divorce process after a default judgment can make all the difference. Not only can a divorce attorney guide you through the court system, but they can also help you determine what course of action to take.