Legal Question in Family Law in Florida

I recently had my ex husband served with a petition to modify parenting plan. He was served by the Pasco County Sheriff's Department on September 18th. He has exactly 20 days to respond, by filing his "Answer" with the clerk of the court (which would have been the 8th of October). He has failed to file his "Answer" with the Duval County clerk of the court, but he did send me an answer via USPS which actually arrived on the 9th (one day after the 20 day deadline). The woman in the default department is now telling me that I can not file a default and get a default hearing because even though it was past the 20 days and still hasn't been filed with the clerk of the court, I received it from him before I filed my motion to default. This is contrary to everything I've been told and have read. She tells me I have to file the motion to default before I receive the documents from him. Please help, I am trying to get my girls back from my abusive ex and am doing it alone and really need help.


Asked on 10/13/09, 2:27 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

She's right. Although the rules technically say "20 days," it really means "20 days and before you file your motion for default." Now that you've received an answer from him, you can't get a default. You case will have to proceed normally with your case.

Also, as an aside, don't do this without a lawyer. I know lawyers are expensive, but you are "trying to get [your] girls back from my abusive ex." Is their future not worth a lawyer's fee? Maybe you'll say you can't afford it, but can your girls really NOT afford it? Not to sound offensive or mean, but you don't even know the rules about defaults. That's step one. It only gets tougher from here. For their sake, please go get a lawyer.

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Answered on 10/13/09, 10:05 am


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