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    Pattym0219's Avatar
    Pattym0219 Posts: 2, Reputation: 1
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    #1

    Sep 28, 2011, 06:14 AM
    Family law default entered
    The father of my daughter has filed a petition against me. I don't really know why, because that's just going to get him on child support. But I failed to respond to the petition on time and I've received another letter stating that a default is entered in this action for the failure of me to serve or file a response or any paper as required by law. What does this exactly mean? Am I just waiting for a court date now?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #2

    Sep 28, 2011, 08:31 AM
    A petition for what? We need you to provide additional information. A default means that you didn't respond or show up so he got whatever he asked for. The court date is over.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Sep 28, 2011, 08:35 AM
    If you did not answer the original petition you need to get an attorney now. And no, you are not waiting for a court date on this as the matter has already been heard and you are now in default.

    What did the original petition say? Did he want custody or visitation? We can't answer your question without a little more information to go on.
    Pattym0219's Avatar
    Pattym0219 Posts: 2, Reputation: 1
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    #4

    Sep 28, 2011, 10:25 AM
    The petition basically stated that he would get our daughter every other weekend and on his birthday and on holidays on odd years. It also stated his financial situation and how much money he supposbly gave me a month. He usually gives me 50$ a week, when he remembers but he had put 400$ a month. I did respond but it didn't make it on time.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #5

    Sep 29, 2011, 07:18 AM
    If he was granted a default judgment, then that is now your visitation order, and you could be held in contempt if you do not comply with it. As twinkie mentioned, if you have an issue with this, you need a good attorney, and fast.
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