I have a parenting plan where I am the petitioner the other party just responded by writting a letter to the judge asking for more time to find a attorney but didn’t file anything else.. should I still file a motion to move on without her? If her letter is considered how long would she get to find a attorney?
You say you have a "parenting Plan" and you are the petitioner. I am assuming that you have filed another petition for some reason, as a petition (not a motion) requires an answer, and in the absence of an answer a default can be entered. Since the other party filed "something" (i.e. the letter) you cannot get a clerk's default. However, since the other party has still not answered, you can file a motion for derfault, and you will have to get a hearing date so the motion can be heard before the judge.
Most likely the other party will answer before the hearing, making your motion moot, but at least you can move on with the case. On the other hand, if the party does not answer, then the judge will either enter the default or give them a short window to still answer, and if that person does not answer within the time give, then the court will likely enter the default. Either option will allow your case to move forward.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward-Boca Raton-Miami-Dade
954-315-3496/561-962-2785
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