Legal Question in Family Law in Florida

We are in the middle of a custody case that has been going on since Oct 2008 and our lawyer is telling us that her lawyer is stating he is never available to set court dates and neither his client ( she doesnt work). We had 1 court date set and it was to modify child support and her lawyer waited until the day before the hearing to have her sign and cancelled the hearing. Is there a law that prevents lawyers and there clients from neglecting my right to go to court in front of judge? Or can she keep doing this until my kids turn 18 so a custody hearing never takes place. Please tell me what we can do I am feedup!


Asked on 8/06/09, 5:32 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Unfortunately, there is no law preventing delay by the other side. My firm will often offer three dates to the other side and, if they refuse us twice, we set the hearing without their permission. It doesn't make us popular, but it teaches other lawyers that we won't stand for delay. If your lawyer doesn't get aggressive, your case can be stalled for years. I'm not suggesting that our tactic be used, but your lawyer needs to do something.

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Answered on 8/06/09, 10:00 pm


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