What is a default Judgement in a custody case?
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What is a default Judgement in a custody case?
A default judgment in a child custody case is a decision made by a judge in favor of one party due to the inaction of the opposing party. In a child custody battle, if a defendant fails to respond to the inquires of the court within enough time, a default judgment can be granted in favor of the plaintiff.
How long does a motion for default take?
This period may be anywhere from 20 days to a month or even longer — it varies by state. If you don’t file a written response with the court during this time or ask the court for an extension, the plaintiff — the person who filed the lawsuit — can request a default as soon as time expires.
What happens after a motion for default is filed?
If the defendant files a motion to set aside the default judgment, one of the following three things will happen. The judge will set aside the default judgment and the court clerk will schedule a hearing for your claim. The court clerk will mail a notice of the date and time for the hearing to you and the defendant.
What is the most important factor determining child custody?
The condition of the living accommodation found in each of the parent’s home. The ability of each parent to ensure a stable, loving environment. The impact on a child’s education if the custody is granted. The impact of the custody decision on the child’s medical and emotional needs.
What do private investigators look for in a child custody case?
The court will look at the parents’ lifestyles and stability to make their decision. They will also consider whether either parent has a criminal record, evidence of neglect or abuse, history of violent behavior, abuse of alcohol or drugs, and many other factors.
