My hearing is scheduled for April 30th in Johnston County. As of March 15th, they’ve canceled all non-emergency hearings, which I assume includes custody hearings, for 30 days. Should I anticipate my hearing being rescheduled? If so, how long?
As of right now (3/19/20), your court hearing on 4/30 will move forward as scheduled - it is not affected by the court cancellations/continuances.
Beginning 3/16/20, all non-essential/non-emergency court hearings for 30 days are being continued. If you had a case that fell in this 30-day window (a child custody court date would be considered a non-essential/non-emergency matter), then the clerk’s office in your county would mail you a continuance order with a new court date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ok, thanks! Presumably, if the court extends the shutdown then my hearing might not be heard? But too soon to tell?
Yes, if the court continuances are extended, yours could be affected. A custody case such as yours (one that is not an ex parte emergency custody motion), would be continued and would not be heard on the scheduled date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.