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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19013
Experience:  B.A.; M.B.A.; J.D.
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I filed a supplemental petition to modify custody agreement

Customer Question

I filed a supplemental petition to modify custody agreement after major changes occurred since divorce. I filed the motion with the court and she was served the papers. She had 20 business days to respond and never did. I filed a default with the court, which they accepted....court date was set for Wed next week and today Friday my lawyer calls me and tells me that my ex wive's attorney called and they plan to respond today. He is telling me that we now can't goto court on Wed......I am so confused, why does this 20 days to respond thing happen if once that is expired they can delay me seeing a judge.
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I filed a supplemental petition to modify custody agreement after major changes occurred since divorce. I filed the motion with the court and she was served the papers. She had 20 business days to respond and never did. I filed a default with the court, which they accepted....court date was set for Wed next week and today Friday my lawyer calls me and tells me that my ex wive's attorney called and they plan to respond today. He is telling me that we now can't goto court on Wed......I am so confused, why does this 20 days to respond thing happen if once that is expired they can delay me seeing a judge.
Response: What your Attorney is trying to tell you is that the hearing will not be in your favor. That is, the Court would not issue a Default Judgment against your ex-wife because her Attorney would be able to convince the Court that she has legitimate excuse for missing the deadline to respond. This is quite common for the Court to allow a party to respond after the deadline has passed and not enter a Default Judgment in the case if the party gives the Court a valid reason for missing the deadline.