Hearing and Discovery Question


#1

My hearing for Modification to Custody (filed by my ex) is two weeks from today.

I do not have a response from the Discovery Request and his 30 days is not up until after the hearing date.

My attorney was to request a continuance because he is not available on the hearing date, but has not yet. He said he is requesting today. According to the court clerk I spoke to, he is way too late.

My attorney had a call with opposing counsel this morning and stated my ex is not going to seek custody, but instead will seek a modification to visitation. I am pretty sure he will also seek a modfication to child support and ask that the transportation be included as extraordinary expense.

Part of the Discovery Request was financial information. My ex is not fully disclosing his income, which I can prove with the records I requested.

What if the judge denies the continuance and I still don’t have Discovery the day of the hearing? What can I expect to happen?


#2

The outstanding discovery is a factor you will need to bring up in your motion to continue. Without the discovery responses you have not been able to adequately prepare for trial. Given the facts of the case I can’t imagine a judge will make you go forward on the 16th but I cannot say for sure.
If you do have to go forward you will have the chance to testify and let the judge know your side of the story relating to custody and the child support. Your ex will also be able to testify and you will have the opportunity to ask him questions as well.
You may even try and negotiate with your ex and his attorney prior to the hearing. If he is not trying to change custody all together, you just might be able to negotiate and come to an agreement. Believe it or not a great many number of cases settle minutes before they are to be heard by the judge.