Default granted. What now?

[dfgreen]

I filed a petition asking for sole custody of my son with supervised visitation for the other parent. The Respondent was served the papers but didn't respond to them and the judge has granted a default.

What happens now? Will I still have to present testimony at a final hearing? Will the other parent still have an opportunity to present a case? Does the default mean I'll get sole custody?

[Attorney Howard Iken]

You need to schedule a final hearing for at least 30 minutes - or according to the preference of the judge. You will still need to present testimony.

The other party may or may not be able to speak. Again, this depends on the judge. Many judges will not cut off one party or another when children's issues are involved.

You wont automatically get what you want - but there is a really good chance you will.

Attorney Howard Iken
The Divorce Center




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