Amended motion to clarify filed, now what?

[416021va]

I live in VA, but FL has jurisdiction.

I recently filed an amended motion to clarify a modification to visitation. If you recall, I decided to file an amended motion because I specified the wrong physical address for the CP.

The CP ignored my original motion which was sent via certified mail. The certified mail was returned to me.

I then sent CP a copy of the amended motion via certified mail and standard postal mail as a backup.

Same thing, CP has also ignored the certified mail and it has been returned.

After doing plenty of research, I have determined that certified mail is considered reasonable notice in the State of Florida.

I have the following questions:

1) What happens to my motion since the CP refuses to do anything at all?

2) Do I have to file a motion for default if the CP does nothing?

Thanks Soc!!

[socrateaser]

>I have the following questions:
>
>1) What happens to my motion since the CP refuses to do
>anything at all?

It depends on how the jurisdiction deals with motion hearings. If FL automatically sets a hearing date (or you requested a hearing per FL rules), then you will appear, possibly without opposition at the hearing, you plead your case and the court rules.

If FL acts on a written motion without hearing, absent a request for hearing, then the court will rule when the time for the other parent's response expires. Sometimes you have to grease the wheels by politely asking the judge's clerk when you can expect a ruling. You may have to present a proposed order, if you didn't do this when you filed the motion.

>
>2) Do I have to file a motion for default if the CP does
>nothing?

There is no such thing as a "default" to a motion. A default only occurs when the other party fails to answer an initial complaint or petition for relief. On a motion, the court must rule.