Legal Question in Family Law in New York
When a Judge becomes ill in mid-trial?
My custody trial started in Dec2002 (6 days) and was set to continue in Feb2003. The Judge had a stroke, it was put off till Mar2003, the Judge had a heart attack and we were put off until April, once again we are put off now until June for another lawyers conference. The law guardian is 100% for me, yet my other son and I still(after a year) only get a few hours a week supervised visitation. The father repeatedly denies me visitation and sends my son 4 hours away to his grandparents for most of the week. The father didn�t show up on Easter and will not agree to allow me to see my son on Mothers Day, or my sons B-Day.
My lawyer tells me there is nothing he can do. The court will not issue a mistrial. I am told no other Judge will touch the case. Do I have to continue like this until the Judge decides if he is coming back? Do I have any alternatives? Any help would be appreciated.
1 Answer from Attorneys
Re: When a Judge becomes ill in mid-trial?
No-you should not sit around and wait for the Judge to reschedule the trial. If I were you, I would have your lawyer file immediate motions/petitions to modify the existing order to allow you with more time/unsupervised with your son and to hold your child's father in violation of the temporary order. If these applications are filed, the Court will have to take some action on the these issues.
Good luck!
Whitney A. Clark
518-383-1182
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