Legal Question in Family Law in Florida
Hello. I filed a Petition to Modify Timesharing last September and the Respondent had yet to file a proper response. She DID file a Counterpetition to raise my child support but put nothing Time sharing. We have a separate case for child support so I feel that her response is invalid. Is this grounds for Motion for Default Judgement?
2 Answers from Attorneys
Yes file the paperwork for a default. Note: A default in a family law case is meaningless.
You really need to hire an attorney when it comes to your children. If you filed a modification and the other party did not file a response, depending on what was filed, you could ask that the court prepare an Order for the new visitation schedule as modified since there was no objection. Of course you would need to provide that the other party was served (via Sheriff or process server) mail in this case would not count.
As to the support, you need to have financial affidavits filed in order to recalculate whether this is valid or not
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