Burgard v. Burgard - No. 20120285
Dammon Burgard appeals from a default judgment and divorce decree awarding Kira Burgard primary residential responsibility of the parties' two children.
On February 15, 2012, Kira Burgard brought a divorce action against Dammon Burgard and sought primary residential responsibility of the parties' two minor children. Dammon Burgard moved for an extension to answer the complaint. The trial court granted the extension on March 7, 2012, and ordered Dammon Burgard to answer within 30 days of the order granting extension. The complaint was therefore due on April 6, 2012. On April 9, 2012, Dammon Burgard had not answered the complaint, and Kira Burgard moved for default judgment. On April 23, 2012, Dammon Burgard answered the complaint, counterclaimed for primary residential responsibility, and filed his brief in response to the motion for default judgment. On May 5, 2012, Kira Burgard answered the counterclaim.
On May 11, 2012, the trial court issued its findings of fact, conclusions of law, and order for default judgment dissolving the marriage and granting Kira Burgard primary residential responsibility of the parties' two children. The trial court entered the judgment on May 17, 2012.
On appeal, Dammon Burgard argues the trial court abused its discretion in granting a default judgment in favor of Kira Burgard and awarding her primary residential responsibility. He argues the trial court failed to consider his timely response to Kira Burgard's motion for default judgment and awarded primary residential responsibility without considering the best interest factors.