Child custody court. Father filed response after the allotted 20 days. Can I go ahead with the default?
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I served the father of my two children with child custody papers on 6/28/2011 in Maricopa county, Arizona. By law he had 20 days to file a response with the court. On 7/21/2011 I filed an application and affidavit of default as a result of no response being filed in the allotted time by the father. On 7/25/2011, five days after the deadline, the father filed a response and court fee waiver. Now, the rules for a default hearing state he has an additional 10 days to file a response before the court will grant a default hearing. Does this mean he has 10 days to file a response to the original papers he was served? Or does this mean he must file a response to the default? Because he filed a response to the original papers. Since my ex filed his response after the 20 day deadline, and also after I had already filed default, am I able to go ahead and request a default hearing?
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Answer:
No he was granted an additional 10 days to file a response on the default. If he hasnt within those 10 days then you can proceed.
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