Default in Divorce and Relocation Case
My question involves a child custody case from the State of: Florida
My wife and I have been separated for a few years and I filed for divorce initially in may of 2015. My wife avoided service and had her oldest son and his father lie to the process server when he attempted delivery, and she fled to another state the next day with her BF. I had her served, but her BF was abusing her, so we decided to put the divorce on the back burner and I went and drove them all back to FL, my wife, her oldest son and my son. Once back in FL, she decided to throw me out again.
At anyrate, I reopened my case and filed new paperwork in Oct, which she didn't answer so my attorney and I filed for a motion of default. She showed up at the hearing, stating she did not receive ANY paperwork other than the notice of hearing. The magistrate handed her the petition, my attorney asked to amend said petition, so she was ordered to either A: Respond to the amended petition once received or B: if she didn't receive the amended petition, she MUST answer the one handed to her in court, within 10 days.
Needless to say, I had to file a motion for default in my Divorce and Relocation case again, for which I have a hearing for in 10 days. She hasn't responded, and once again cut contact with my son (who is 5).
What are the chances of getting relocation and custody by default once we have a Final Hearing?
These are just some facts, there's many other issues including substance abuse, her bringing felons and drug addicts around my son, dating a guy who has a DV back ground, etc...
Sorry for the long winded post. I'm not looking forward to having a trial and going through all this, I just want to know what I can reasonably expect. Thanks in advance.
Re: Default in Divorce and Relocation Case
Surely your lawyer has already answered your questions, and your lawyer's answers should be better than any you can get online.
From what you have said, if your ex- chooses not to file anything or appear in the final hearing, the court is likely to treat your motion as unopposed.