Legal Question in Family Law in California
Child custody case in CA. A 9 year battle that as of Aug.2009 gave father full legal custody and mother supervised visits until elevation could be completed, as per mediator findings. The elevation has been ordered now 3 times, but the mother files a motion for trial before the elevation is completed. This time, she has a high price lawyer and has gotten a trial date again before the elevation is completed, and has filed a whole lot of lies about the father. Mothers lawyer has subponeaed the fathers mother. the court had done an investation before giving father full legal custody, which found mom unfit. Father is not able to afford much for legal advice, so is there a way to postpone the trial until elevation is completed. The elevator thinks it should be done, as well as the lawyer for the children. If there is a motion that can be filed, what would it be?/
Thank you TK
1 Answer from Attorneys
Yes, you file a motion to continue the trial date, and attach the father's declaration (keep it short) laying out what has happened and why the evaluation needs to be completed. Get declaration from the evaluator to. Get the lawyer for the children to help, at least with outlining the steps to take and checking your work. Get a declaration from him/her too with their reason they think the trial should be continued.