I need help quickly - impending court hearing


#1

I have a hearing for Modification to Custody, Child Support and Visitation on 2/16. My attorney was to request a continuance for various reason that we elaborated on in previous post last week. (My atty just got elected to the House of Representatives and won’t be available on my court date).

I have not heard from my attorney, sent an e-mail yesterday, never heard from him then called his office today. I was only able to speak to his assistant who said today was his first day in Raleigh (House of Reps) and she would ask him to all me.

I called the court immediately after to ask how many days prior to court date was a continuance to be requested and was told that a Motion for Continuance should have been filed the Wed. prior to the court session begin, which was yesterday, so request should have been sent 01/21. She said if my attorney gets something in quickly, directly to judge, we might have a chance of getting continuance, but otherwise I would have to appear in court on 2/16 and request then.

First, I’m in FL so it requires me to travel to NC. My atty just sent out Discovery on 1/20, so we have not received that back yet. We have not discussed witnesses, talked about evidence, subpoenaed witnesses, etc. I am in no way prepared for a hearing on the 16th.

What are the chances I would be granted a continuance if I show up in court alone - no attorney?

I’m so mad at my attorney right now I could spit! I have never been through a custody hearing and have no idea how things work or what to expect. That is what I hired him for. I didn’t know Discovery should have gone out immediately after my ex filed his motion. I’m learning all of this as I go - mainly form this board.


#2

Based on the circumstances I believe you have a good chance at convincing a judge the case should be continued. Based on your attorney’s neglect the case is not ready for trial from your end. It seems as though you have been left high and dry, despite your diligence to be ready.


#3

Thank you so much for the response. I just hope its not too late to get a request for continuance considered so maybe I won’t have to travel on the 16th.

I am more worried about gathering what witnesses I can just in case I don’t get the continuance.