In 2010 we settled in court for custody. In 2017 the plaintiff wanted to modify our arrangement. I responded and he didn't show up in court. The judge had us do mediation which we settled 5/17 and I got more days then the plaintiff. Then in 12/17 I requested another mediation as we had issues following the arrangement, we settled but the plaintiff stopped following it and in turn things got really bad I stopped following it. I filed a motion to modify custody 6/19/18 and he was served 6/23. Today is 7/7, how long do I have to wait to file a default decree since he hadn't done an opposition? And should I follow it with any other paperwork? Our hearing is 7/25. Pls advise.
He can do an opposition before the hearing. The Court can grant your motion at the time of the hearing IF there is no opposition filed under EDCR 2.20. You already have a filed final order and your motion is to modify things. A default in a traditional sense will not be granted but the purpose of the hearing on 7/25 is to resolve pending issues. Without him having an opposition filed, he still has time but the Court is more likely to side with you if he files a late opposition or no opposition filed.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline