Legal Question in Family Law in Montana

I filed a parenting plan without the divorce. The respondent did not respond to it. The respondent filed a divorce with the parenting plan after I filed my parenting plan. What can I do?


Asked on 6/15/13, 8:35 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

If you have proof of service, e.g., if you had a process server serve and return a proof of service, or if you served it by certified mail and you have the signed receipt acknowledging service, you can try filing a motion for default judgment for failure to timely answer. Another option is to respond to the petition for dissolution and parenting by saying that a preceding motion for parenting plan is already at issue, and include a copy of the motion or has been granted by default, and include the order, in a different court.

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Answered on 6/16/13, 10:07 am


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