Legal Question in Family Law in Florida

I received a summons to modify child custody.

I didnt respobd within the 20 days, and a default was filed against me.

My ex husband is trying to get sole custody, and he is saying because i didnt respond he automactically has won. The status says reopened and thats it. No decision or anything. He has my daughter in florida without my permission if Im understanding everything from what I read the status yo be.

Also, I was trying to obtain a lawyer thru referral service and thats why I wasnt able to respond in time. Is there a way to have the default removed or reversed?

Im the primary parent, and I believe technically I still am, until a decision is made.


Asked on 6/14/13, 7:46 pm

4 Answers from Attorneys
Elliot Goldstein Law Offices of Elliot Jay Goldstein

A Motion to Vacate Default needs to be pursued. It would most likely be granted.

The Court will not want to decide custody based upon a default.

If the case is within the Greater Tampa Bay Area, contact me at either of my offices to

discuss the specifics of your case further. While telephone calls, and email responses, are encouraged, please do not send text messages.

Sincerely, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 6/14/13, 7:55 pm
David Slater David P. Slater, Esq.

By defaulting, you failed to contest his allegations. You must seek to vacate the default immediately. Good luck.

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Answered on 6/15/13, 1:53 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

Courts do not like deciding custody matters by default. It may be worth it to immediately obtain legal counsel to set aside the default and file an answer challenging his request for sole custody. Furthermore, if the child did not reside in Florida there may also be jurisdictional issues (whether the court had the legal authority to decide custody matters involving your child). Meet with an attorney.

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Answered on 6/15/13, 10:03 am
John Smitten Carey and Leisure

You have to file a motion to set aside the default asap.

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Answered on 6/16/13, 6:15 am


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