Legal Question in Family Law in Florida

What is an immediate motion for default? I had to file a modification of a parenting plan due to immediately after my final hearing the father ceased his supervised visitation, moved to another state and refuses to provide his address and pay child support. I tried to have sheriff serve him once I received his address from someone but the sheriff mailed it back avoiding process server. So I had to do notice of action which he didn't respond either. At a case management hearing the judge waived mediation due to his behavior and sense he is filing petitions in the child support case but intentionally avoiding the custody modification. I was told to file immediate motion for default which I did, but my question is what is the difference between immediate motion for default and a regular default? I currently have sole parental responsibility he has limited supervised visitation gradually going to one weekend a month. I'm asking to modify and have his visitation at domestic violence center due to hisbehavior and he continuously complete each phase before having the child on weekend to allow child to develop relationship. Once a default is granted is there a default hearing then a final hearing how does this work?


Asked on 6/14/13, 12:42 pm

1 Answer from Attorneys
John Smitten Carey and Leisure

A motion for default gets entered by the clerk or the judge, in this cae I would file a motion and allege that you have served him and used diligent efforts to serve him, then set the whole thing before the court.

Read more
Answered on 6/16/13, 6:14 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida