Defaults

Default in Tucson family court

The term default judgment in an Arizona family court case usually means that the judge has decided in favor of one party because of the other party’s inaction. The default occurs when one party doesn’t respond to the court’s questions within prescribed time limits or not at all.

If one party doesn’t respond, the other party can ask the court for a default judgment in their favor. When you need legal documents regarding a default for child custody or other issues in family court, the experts at AZ Diamond Docs can help.

Motion for default judgment

Child custody and parenting

When parents strongly disagree about the best interests of the children, the parent or person seeking child custody, the “plaintiff,” can ask the court to intervene. The “defendant” or respondent is required to reply.

After a court hearing, the defendant has a specific time limit, such as three weeks, to respond to the court’s questions and instructions. If the defendant in a child custody case does not take significant action within that time limit, the plaintiff is allowed to ask for a default judgment.

If a defendant fails to take action and the judge grants a plaintiff’s request for default judgment, the court will schedule a brief hearing at which a final custody order is approved. After that, the plaintiff receives a written decree and the custody dispute is legally resolved.

How to achieve the best outcome in a child custody case in Tucson

For plaintiffs as well as defendants, it’s critical to have and file the right legal documents within the specific timetable. Missing any step or document could mean losing the entire case, either through default or trial.

Even though you may know a case very well, the facts must be explained clearly and convincingly to a court. Here in Tucson, a certified legal document preparer (CLDP) can help make sure your filings and responses are well-written, timely and appropriate.

AZ legal documents