Legal Question in Family Law in Georgia
Filing a continuance
If you have petitioned the court to legitimate your daughter which is 6 months old, award visitation and the other party was served with the court papers 2 weeks prior the hearing can they hire an attorney and file a continuance of the hearing to be postponed? If so why? and on what grounds? If they can do this can we be awarded temporary visitation? Thank you.
2 Answers from Attorneys
Re: Filing a continuance
It's all up to the Judge.
If a party is served just two weeks before a hearing the hearing is happening 16 days before they must answer, a continuance is likely and most courts would not do a temporary order absent a compelling emergency. You haven't indicated why you delayed serving the papers until so close to the hearing, but your delay would be good cause for a continuance. You should have served papers more than 30 days before the hearing date.
Re: Filing a continuance
Most judges will grant a continuance in a situation like this. Probably no temporary order about visitation will be entered unless there is some type of emergency.
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