Custody Hearing

[kcs00]

What is the name of your state? Fl,GA, Tn


Asking for my Husband. My husband is taking his ex back to court for custody of the children. He has an attorney (since Feb 2005) she has been served her time to respond was up on June 27 2005. At this time she did not have an attorney and she answered the petition anyway. He has not heard anything about a court date or anything, first she did not file her answer properly she file it at the court house in FL and the petition clearly said if she didnt have an attorney to birng her answer to my husbands attorney, which she didnt do she filed her answer at the court house in the neighboring county. The last time DH talked to his atty he told him that he was going to that county to get the answer, well he went on vacation and Dh doesnt know if he is back. The Ex called a couple of days ago saying she now has an attorney thats why there isnt a court date. Now the question is can she change her answer now that she has an attorney?? and what is the average time before a court date is issued?? also what effect does her now getting an attorney play into the length of the court date?? what I am asking is is it possible for her attorney to ask for a continuance?? and thats why he doesnt have a court date???
Sorry so long
Thanks in advance for any help

 

[stealth2]

For starters - in which of those three states has the motion actually been filed? I'm assuming FL, but one never knows.

I may be mistaken, but I don't believe she's out of line filing her response with the court (although it would have to be in the same court where the motion was filed) - but she would be required to provide a copy to your husband's attorney.

Her lawyer could, of course, request a continuance. It would be up to the judge whether or not to grant that request. My understanding (from personal experience) is that once a response is filed, that's it - butt hat was in a different state and things could be different.

The best way to find out if the attorney is still on vacation is to call and ask, assuming there's more than just an an answering machine. .

 

[kcs00]

ok the divorce was in Fl she and the children live in GA and we live in Tn. He filed in Fl. One question how can her attorney ask the judge for a continuance if there isnt a judge?? Well thats all we know that a judge hasnt been assigned.Or is a judge assigned as soon as the papers are filed. My husband knows nothing about a judge. the last thing his attorneys assistant told him was that they were waiting to hear back from the court. So what does that mean

 

[stealth2]

A judge will need to be assigned and a hearing date set. Then it will be up to the lawyer whether or not to ask for a continuance - either prior to or at the hearing.

 

[kcs00]

I hate to sound dumb. but what could be the hold up on getting a court date???