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What happens if the other party doesn't file a response?
Anonymous9 views5 answers
Filed a petition to establish parental relationship and requested sole legal and physical the other party didn't show up for mediation and now his 30 days to file a response is about to run out. What usually happens in this type of situation?
You have to request entry of default. You should see an attorney for a consultation on what to do next or you should go to the self help center of your local superior court and ask for help in completing the forms.
If opposing party fails to file a response to your petition within 30 calendar days after having been served, you may ask the Court to grant/order what you requested in your petition by filing a request to enter default.
A request to enter default is (in layman's terms) simply informing the Court that opposing party was given "notice and an opportunity to be heard", but has failed to respond. It is important that you file the request as soon as the 30 calendar days have passed or else the Court may still accept his late-response if your request to enter default has yet to be filed.
I recommend that you speak with a family law attorney or seek assistance from your court's self-help center as soon as possible to help guide you in your paternity action.
Best wishes to you and your family!
You will only be able to get a default if you have a valid Proof of Personal Service filed with the Court, showing the the other party was properly served.
You may request an entry of default. A proof of service needs to be filed with the Court indicating that the other party was served. As a side note, the other party can request that a default be overturned if the request is made in a timely manner. The Court will have to decide whether the default will be overturned. This is just a FYI. I suggest you speak to an attorney to fully understand your options.
After 30 days plus at least one day, you should prepare the necessary documents and file a default against the other party. Thereafter, prepare judgment document and file it with the clerk. In some cases, the court may set a hearing date before granting your request.