QUESTION
How many times can a case get continued?
Asked on Jun 15th, 2021 on Family Law - California
More details to this question:
Been in a legal battle to amend a visitation schedule for over 3 years. The case has been pushed back about SEVEN times now for various reasons (switching judges, judge needs more time, info being needed, literally ANYTHING to delay it) and I am about to lose my mind dealing with it. This most recent continuation happened this morning because the new judge needed to review the file. (Even though all the information was right in front of her..) And once again pushed it back three months. What are my options to end this cycle?
1 ANSWER
Family Law Attorney serving Roseville, CA
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Good morning. In the family courts, there are two kinds of custody orders, temporary vs. permanent. Temporary orders are all orders made short of trial/evidentiary hearing. Permanent orders are made only following trial and are more difficult to modify. However, so long as one or more minor remain under the age of 18, the faily court has continuing and exclusive jurisdiction over all custody and visitaiton issues.
Therefore, unlike a divorce, there is no true END to custody proceedings until such time that the minor(s) age out.
Unfortunatey, it sounds like the court process has been less than expedient for you. However, the only way to truly expedite this is to notice an emergency application of some sort. Of course, refrain from doing so unless there is an actual emergency.
My suggestion, without knowing the specifics of your case, is to consider asking the court to set a trial date at your next court appearance.
Answered on Jun 21st, 2021 at 8:21 AM