Legal Question in Family Law in Texas
I don’t have an attorney in my child custody case and my court date is tomorrow. Can I file for a continuance this late in the game?
1 Answer from Attorneys
No. Motions have to be on file at least three days before the court holds a hearing on the motion. For a trial date of 11/27, that means you needed to have filed your motion on 11/21 (because of the holiday and weekend). However, you can ask the judge to continue the hearing to another date so that you can hire an attorney. If you are in the IV-D court, the judge and the AG will probably agree. If you are in the district court, it's a 50:50 shot. I am very familiar with the courts in Collin County (assuming that's where your case is based on your ZIP code) and can assure that the judges here know the law and will do their best to be equitable. If the other parent objects to the continuance, you'll need to explain how it won't harm them to give you another couple of weeks and why you have not hired an attorney yet. I've heard several judges ask, "You've had X weeks to hire an attorney already, what will be different if I give you another 30 days?" Be prepared for that.