If the respondent in your case does not reply within 30 days of being served, then on the 31st day, you can file a motion with the Court asking for an order of default. That order will include an instruction that you can enter a judgment in accordance with the terms of your petition. You can then submit a proposed judgment whose terms match the requests you made in your petition. The court will have to screen it to be sure it matches, and if it does, then the judgment will be entered. You'll have won everything you asked for in your petition. You can't get terms that you didn't request in the petition that was served on the Respondent - the theory is, by failing to reply, they may be indicating that the terms you've requested are acceptable to them, so you can't go introducing new ones.
As Ms. Gruber suggested, it is strongly recommended that you have an attorney prepare these documents for you. Without knowing EXACTLY what you requested in your petition, we can't say what your judgment can include, but there are a number of terms that ought to be included, or must be in some cases. The judgment will be the legally enforceable terms of custody of your child, so this is an important thing to get right. For more information about these laws, you can see: http://www.northwestlawoffice.com/custody.html
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: firstname.lastname@example.org | Online: www.northwestlawoffice.com
First of all, don't forget to take the parenting class that is required by the court. In the meantime, you need to meet with a custody attorney to have him/her prepare the custody judgment. The judgment is the MOST important document you will ever have. It MUST be done by a professional.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
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