Reserved court date

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: Reserved court date

Unread postby BartSimpson » Fri Apr 14, 2017 9:42 pm

Something isn't right. Screw any of the mother's deadlines. Just because they asked doesn't mean you have to comply. Put the interrogatory issue on the back burner, in fact, put any request of the mother's on hold - no mediation or anything. Her deadlines are not yours.

Your current attorney needs to file to be removed. With that should be a motion to delay for you to seek replacement counsel - nothing else need happen until that is done. That delay should attempt to be 60 days at least.
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Re: Reserved court date

Unread postby hopeful dad » Fri Apr 14, 2017 10:12 pm

BartSimpson wrote:Something isn't right.

What do you think isn't right?

As you have guessed in your post earlier, mother has collected herself with the help of Mr. W and is going full blown. That's what it is I think. She wants closure on finances so that she has cash flow to purchase a home. How can she not be like her hen friends yet, it's been few years moving here already and what a shame if she doesn't own a home!

I am going to research more on motion to delay and remove the atty on file(that should be simple, she will file it if I ask her to do so) and all those over the weekend. D is with me this weekend. I may probably have more questions on this topic.
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Re: Reserved court date

Unread postby BartSimpson » Fri Apr 14, 2017 11:24 pm

What doesn't seem right is that the mother simply files a motion and you are compelled to do all these (expensive) tasks - Court Date set, Custody Evaluation, Mediation and Interogs while you haven't even had a chance to challenge the mother's motion for dismissal.

As of now, figure out how to get 60 days delay to hire counsel. It is reasonable for you to assert that the mother's new motion is such a sufficient development that your current attorney no longer serves your needs.
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Re: Reserved court date

Unread postby hopeful dad » Sat Apr 15, 2017 7:03 pm

I think it's FL-306 that I need to use to continue the hearing. If possible' could you please take a look at the form and confirm if it's the one I need to use. I just want to make sure not to do any mistakes on court filings as I will be doing alone

I need to time the action items correctly so that I get a maximum delay from the current hearing date.

The hearing for custody mod is 5/17. Also, the time to respond interrogs is around the same time. Keeping that in mind when would be the appropriate time to let go off my attorney and then file motion for continuance(I think continuance motion needs some time for the judge to review and give a new date)
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Re: Reserved court date

Unread postby BartSimpson » Sat Apr 15, 2017 10:33 pm

I cannot tell you what form to use, I am not a lawyer.

End your relationship with this attorney with this delay as your last request/direction. As part of her being released from the case, she could help you file for the initial continuance so as to seek counsel.

Would you be willing to leave a good review of your attorney on the various sites like AVVO, Yelp and such, perhaps a version of your review might be offered to your attorney in your last meeting? Give her 5 stars, make her out to be the best, the bees knees. It's a way to get her to help you this one last time.
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Re: Reserved court date

Unread postby hopeful dad » Sat Apr 15, 2017 11:12 pm

The form is straight forward, regardless, I think I should be able to file it and wait for the response from the judge with a new date

Sure, I have no problems leaving a good review to this lawyer after-all she won the custody for me. I will check with her if she can help as a favor.

When would be the appropriate time to do it.. If the motion ends up with Judge next week, with close to almost one month from the hearing, he may not be willing to extend much.

I have experience with the same judge in the traffic court asking extension to complete the community service, and I have to say he was not very liberal to do so.

It may be different in the family court. The point is I just do not want this to be put forwarded only few days from the current date of hearing
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Re: Reserved court date

Unread postby BartSimpson » Sat Apr 15, 2017 11:16 pm

Yes, it is different.

Base your first delay on the time you were served, not the actual hearing date. You were served, how long does it take you to determine that this is a completely new issue requiring new counsel? Two weeks? Three weeks? Does it take you a month to figure things out?
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Re: Reserved court date

Unread postby hopeful dad » Mon Apr 17, 2017 12:24 pm

I was officially served Thursday. I am thinking of doing this by Wednesday. I also have an attorney in mind whom I have met and discussed the case.

This would have been more straight forward if there were no interrogs served with deadline to respond. The motion for continuance (the form) is only for hearing. Interrogs and discoveries do not even go on court calendar.

Now, Should I ask this new attorney if it is ok to set the delay up ignoring deadline to interrogs? Because he will have to defend if OC files for sanction, remedy and attorney fee
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Re: Reserved court date

Unread postby hopeful dad » Wed Apr 19, 2017 9:02 am

I have sent an email to atty to recuse herself. It was a tough decision. Game's on!
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Re: Reserved court date

Unread postby hopeful dad » Wed Apr 19, 2017 5:06 pm

Atty says there is two ways to continue this.

1. By agreement, I could ask OC and she may agree, to give me time, and then a form requesting the continuance is filed

2. Show up at court on the day of hearing and say I need more time to retain an attorney. Court normally grants one extension

In another email she said " I highly recommend contacting OC in a couple days (I will mail this to her today) and letting her know the situation and see if she will agree to continue. That way if she doesn't, and you go to court, you can let the court know that you did
in fact ask her...."

What do you recommend me to do? Goal is to get more days of continuance from the date of hearing that is currently set.

The plugs been pulled..
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