QUESTION

What can I do if my husband was awarded temporary custody over a year ago and final hearing keeps getting postponed by the courts?

Asked on Apr 21st, 2014 on Child Custody - New York
More details to this question:
Divorce and final custody hearing was to take place two months from the time my husband was awarded temporary custody but every time the final hearing approaches, it gets postponed. Once it got canceled and it took the courts four months to give me a new date. Now I'm being told its set for October which will make it two years behind schedule. The divorce doesn’t concern me as much at this point as the custody. I've been told the odds of getting my son back are greatly reduced with the more time that passes. Is there anything I can do to speed up the court process?
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5 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would consult with your attorney, and if you do not have one, engage one. You are correct that the longer the current custodial arrangement is in place a more difficult it is to have it significantly modified.
Answered on Apr 23rd, 2014 at 5:25 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Do you have an attorney? If so, then chances are the case is going as fast as possible. If you don't, getting an attorney would be helpful.
Answered on Apr 23rd, 2014 at 5:25 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Whatever reasons you have to argue that the temporary order should be changed, can go before the court on a motion. If you have anything substantial, make a motion. Otherwise, it's likely the temporary order will become a final order.
Answered on Apr 23rd, 2014 at 5:25 PM

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Family Law Attorney serving San Rafael, CA at Warren Law Group PC
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Unreasonable continuances in custody matters are contrary to public policy but common in some courts (especially LA). If the continuance was for a custody-related reason such as allowing time for a custody evaluation, you seem to have no choice. However, if it was just a court scheduling matter, your only alternative to waiting would seem to be bringing an ex parte application for an order shortening time, citing the law that provides that custody has priority over every other matter on the court's calendar except domestic violence. So if the court has divorce matters scheduled ahead of yours, you can insist on being given those dates. If the court is only hearing other custody cases, you are stuck. Usually, a judge will resist efforts to insist on the priority. Then it is a question of how much you are willing to aggravate the judge who, in the end, is the person who makes the decision about the final custody order. This is tricky stuff. An attorney would be a good idea at this point.
Answered on Apr 23rd, 2014 at 5:25 PM

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Bruce Provda
You need to be represented by an attorney if all the postponements are going. It should make the matter go more quickly.
Answered on Apr 23rd, 2014 at 5:24 PM

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