Legal Question in Family Law in California
Court date delay
I have physical custody of my kids,
but their Mom is appeling. She wants
physical custody of the kids. In mid
june she and I are supposed to go
back to family court to finally finalize
our divorce. but, this morning her
attorney called to notify me that they
are taking me to court this comming
Monday. they are going to request a
later date for the court hearing to
terminate our divorce. This is very
strange to me, because just up to a
week ago, my ex was the most
interested from the two of us for the
divorce to come thru. What can this
mean. Will delaying the divorce
judjement benefit her in the appeal?.
Someone please help me understand.
3 Answers from Attorneys
Re: Court date delay
They must be attempting to change terms in the MSA Contact me directly.
Re: Court date delay
Congratulations on having custody, but it's always problematic when the other party has an attorney and you don't. Her attorney is supposed to provide you with the motion papers in advance of the hearing, and if he doesn't, this is grounds for denying the motion. Hard to say what all this means without knowing more. If you had an attorney, you could apply for an award of advance attorney fees you could then use to attempt to beat back her appeal and her motion.
Re: Court date delay
I cannot think of a way a delay in entering the final dissolution would affect the appeal on child custody. However, I would strongly suggest that you retain an attorney who can help you in the trial court as well as the appeals court. I would suggest that your child is worth it, you wife seems to think its worth it. Good Luck, Pat McCrary
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