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ghccrocks · Feb 6, 2011, 08:03 PM

Ex Wife voluntarily dropped my daughter off in WA with my wife about 6 months ago. Due to workforce decrease I had to take a job in ND. I am gone two weeks then home two weeks. I did not receive a response to my filed petition. She has sent two text messages to my daughter in 6 months, one to which my daughter responsed. I went to file a motion of default since no response. Clerk informs me there is a response on file. I thought I had to be served? If she has changed her mind, then I want her to have counseling before she has visitation alone with my daughter, which is what I asked for in my filed papers. My daughter is terrified of her. I want to be sure they believe I have adequate cause. Ex is stating I have been working out of state for "long periods' of time and admits she voluntarily dropped her off. But is saying I have kept our daughter from her. I have a voicemail where she clearly states she will sign her over and does not want her. I need advice on how to proceed so that judge believes there is adequate cause. My daughter is 13 she wants to attend hearing and tell judge what her mom has done to her and why she is scared to go back. Is it a good/bad idea to have her attend. How do I get a copy of her response? Can't afford a lawyer, need help to be able to keep my daughter safe.

cdad · Feb 6, 2011, 08:19 PM

If she responded then you should have gotten a copy of it. If not drop by the courthouse and pick it up. But they should have informed you of the response and sent a copy to you. If they did not the response can be rejected if it didn't follow the rule of the court.

Fr_Chuck · Feb 6, 2011, 08:35 PM

Agreed you should have been given a copy of the response but can get one by going into the court house.

Next yes the child should testify in court as to what has happened and what she feels.

But often you can not afford not to have an attorney

AK lawyer · Feb 7, 2011, 01:14 AM

Originally Posted by califdadof3

If she responded then you should have gotten a copy of it. If not drop by the courthouse and pick it up. But they should have informed you of the response and sent a copy to you. If they did not the response can be rejected if it didnt follow the rule of the court.

The clerk of court should have rejected it if it wasn't accompanied by proof of service. Either the clerk messed up in accepting it for filing or it did have a proof of service. That's one thing Ghccrocks should look into when he picks up a copy.

If there was no proof of service, or if the proof is obviously false, he could move to strike the response and for an entry of default. Of course this probably wouldn't be granted, but it might encorage compliance with the service requirement in the future.