I have a 14 (15 in Aug) year old son, and 12 (13 in Oct) year old daughter who live with my ex-wife Colorado during the school year, I live in Kansas. They live with me during the summer and during extended weekends during the school year. We modified our agreement in 2004 that allowed her to relocate with our children to the Denver area. For the past 3 summers (and time in between) my 12 year old daughter has expressed a desire to live with me and my family (step-mom and 3 siblings) in Kansas. This summer when she came back, she was adamant about staying with me after the summer and going to school in my district. She has tried to express this to her mother on numerous occasions over the years and these discussions have had little success. She gets told by her mother that those aren't her words, or gets told they can talk about it later; then I get told by my ex that I'm manipulating the children, and if I coach them I'm only going to hurt them. My daughter just wants someone to listen to her to allow her to live with me and my family in Kansas, and is pretty determined that she’s not going back to school in her mother’s school district.
In the past when she'd indicate that she wanted to stay, it would end with her saying "I don't know", in my mind a response of "I don't know" was a 'no' so nothing was done, but at the beginning of this summer, she seemed different about this request, and was pretty determined about what she wanted. So on my daughter’s behalf, I sent my ex-wife and the court the appropriate paperwork. My 14 year old son has indicted that he wants to attend High School in his mother's district, so the modified parenting plan
that was filed also included information on how visits would be handled with two children in two different homes.
On June 7, 2012, per our modified agreement from 2004, I sent her a certified letter
giving her 60 day notice that I wanted to relocate our daughter to live with me beginning August 13, 2012. School starts in my school district on August 15. It was attempted to be delivered on June 9, and it was finally picked up on June 22. At the same time I emailed her the same information on June 13, 2012, to which she received and has responded to that day. On June 13, 2012, I sent her and the court the same paperwork that included the motion/stipulation, parenting plan, blank order, and pretrial statement, it was delivered on June 15 and the fees and forms I mailed were entered in by the court on June 18, 2012. According to the motion, it states to the responding parting that if they disagree with the Motion a written response must be filed with the Court within 21 days of the date of the Motion was served on them or mailed to them. 21 days would have been on July 4, but since it was a holiday, I’m assuming a written response had to be filed with the Court by end of business on July 5. No response has been filed.
Since no response was filed with the court, will this case be a default judgment? And what’s the time frame that a judge/magistrate will sign off on the order? Since no response was filed, is it over and will an order be signed before school starts?
Thanks for your help and input on this issue.