What is default judgment in a child custody case mean?
A default judgment in a child custody case is a decision made by a judge in favor of one party due to the inaction of the opposing party. In a child custody battle, if a defendant fails to respond to the inquires of the court within enough time, a default judgment can be granted in favor of the plaintiff.
Child custody cases are some of the most challenging cases for many judges around the country to handle. This is due primarily to the very personal nature and often hostile courtroom environments that these types of cases produce. If you’re someone going through a child custody battle, it’s essential to know all of your case’s possible outcomes so that you can prepare yourself to gain the upper hand in the judge’s eyes.
A default court judgment is basically the final option for child custody cases in which one party has not responded to a court inquiry in enough time ad outlined by the appointed deadline. Another settlement option that you’ll have the ability to accept is an agreement; an agreement means that both parties have concluded on a final means of resolution for a case.
Depending on the relationship between the two parties involved in a child custody case, coming to an agreement or settlement in which both parties are satisfied can be nearly impossible. In this instance, a default judgment is likely to happen.
To help you better understand exactly what a default judgment is and how to avoid one if you’re the defendant in a child custody case, we’re going to provide you with a detailed breakdown below.
What does it mean to get a default judgment in a child custody case?
After the defendant and plaintiff’s initial court appearance in a child custody case, the defendant will have 21 days to respond to the initial court inquiry with either a complaint or summons. If a defendant in a child custody case fails to take either action within 21 days, the plaintiff has the ability to request a default ruling.
In the event that the judge grants a plaintiff’s default ruling request, the plaintiff will be required to appear at a short court hearing to get the final custody order approved. Once approved, the plaintiff will receive a custody decree which finalizes the battle between both parties.
As a plaintiff in a child custody case, a default ruling is one of the best decisions you can ask for because it means that the defendant essentially didn’t put up a fight.
How to set yourself up for the best possible outcome in your child custody case
If you’re the defendant in a child custody case and want to avoid a default judgment at all costs, you need to make sure that you respond to any court inquiries which may come your way after the initial hearing. As long as you submit some sort of response within the allotted amount of time, you will be able to dispute any claims the plaintiff throws against you.
If you’re confused about any of the details in your child custody case, mainly, you should contact a reliable family law attorney to help you.
People Also Ask
Q: What is a motion of default judgment?
A: A default judgment is any judgment made in favor of one party due to a failure to act on behalf of another party. You will often see default judgment rendered in favor of the plaintiff when a defendant fails to respond to a summons or other court order.
Q: What happens after a motion for default is filed?
A: The defendant will be given the ability to set aside the default judgment, and the judge must honor it. In this case, a new hearing will be scheduled and the court clerk will mail both parties a notice of the new hearing date.
Q: What happens if I don’t pay my judgment?
A: If a party fails to pay their judgment, the amount of the initial judgment amount will increase on a daily basis. The amount of interest a party pays on a judgment they have not fulfilled will increase by 10% each year.
Now that you know precisely what a default judgment is, use it to prepare better your case against the judge on your first child custody hearing. Ask yourself what some of the most prominent points you have to make against the other party to increase your odds of winning your child custody battle are.