Has anyone filed for default after the other parent has not answered at all? Once I stopped answering questions about custody and visitations, he simply did not reply to my papers. If I file for default as the day just passed for him to answer, can he file and start all of this over?
When filing for default custody in Nevada, if the other parent fails to respond within the specified timeframe, you can proceed with your application. Here are some key points to consider:
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Filing for Default: If the other parent has not answered your custody papers within the allowed time (usually 20 days in Nevada), you can file a request for default. This means you are asking the court to grant your request based on the other parent’s lack of response.
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Possible Subsequent Actions: Even if you obtain a default judgment, the other parent may still have the option to file a motion to set aside the default judgment. This typically requires them to demonstrate valid reasons for their failure to respond (e.g., not receiving the papers, being unable to respond due to circumstances).
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Consulting an Attorney: It’s often beneficial to consult with a family law attorney to ensure that you follow all necessary procedures correctly and understand your rights and options fully.
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Documentation: Keep thorough documentation of all communications and filings related to your custody case. This can be helpful if the other parent attempts to contest the default later.