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No response to petition to establish a parenting plan

by Maddy
(Florida)

My ex (we were never married) lives in Texas and I live in Florida with our two children. He visits maybe once or twice a year and he threatens me all the time about taking them away from me and taking them to South Africa where I will never see them again, as he has citizenship there. So I decided to file a petition to establish a parenting plan giving him visitation within the state of Florida. I filled the paperwork with the help of non-lawyers who do that sort of thing and he was severed with the paper work and he did not respond within the given time, so they filed a different default form. What will happen now?

Comments for No response to petition to establish a parenting plan

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Motion/ Order for Default
by: FALDP Staff

Maddy,
You should be able to go forward with your petition. The Motion/ Order for Default says to the Court that the other party was properly served, but failed to answer. See Supreme Court approved forms: SUPREME COURT APPROVED FAMILY LAW FORMS 12.922(a), MOTION FOR DEFAULT,
AND 12.922(b), DEFAULT. Instructions for that form state:

If the other party has failed to file or serve any documents within 20 days after the date of service of your petition, you may ask the clerk of the circuit court to enter a default against him or her by filling out this form and filing it with the court. Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.

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