Legal Question in Family Law in Nevada
My ex has primary custody now and I'm the non custodian parent just have my son every other weekend. �
I filed a motion for primary custody and served my ex wife. �On the motion it says she has 10 days to respond after being served and failure to do so may result in the requested relief being granted by the court without hearing prior to the scheduled hearing date.�
Her 10 days is up now and my first hearing is in 3 weeks. �
Is there anything I have to file to enforce this, basically the fact that she hasn't responded to my motion and be able to get granted for what I ask in the motion without her having any more rights to fight back since she did not respond within 10 days?
Thanks�
1 Answer from Attorneys
Don't expect the Judge to grant your motion just because she hasn't filed a response within the 10 days. I just got a response today for a hearing tomorrow to a motion that was filed on May 3.
The judge would get reversed if she appealed if the only reason is that she did not file within 10 days. Also make sure that her attorney did not withdraw in the divorce case because if you served just her and her attorney never formally withdrew, your service is defective.
By the way, you should expect that even if the Judge doesn't allow her to file late, he may still order an evidentiary hearing because it is somewhat hard to get a change of custody.
If you need any help, email me at [email protected]
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