Judges


#1

The time it takes to get a ruling can vary depending on how busy the judge’s docket is and how many rulings he has to do in advance of yours. However, three months is a long time for a ruling, the reason for the delay may be the fact that there is a temporary custody order in place that the judge feels is adequate and so your ruling may not be as urgent as some others. Attorney’s always walk a tight rope when waiting for a ruling from a judge, we want to advocate for our client’s, but we also understand how busy judges are. It is probably perfectly acceptable for your attorney to follow up with a letter to the judge, if your attorney does not to want to do that I would discuss the reasoning with them, they may have some very specific reasons why it is impractical to do so.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

Ms. Nevicosi,
Since my last post, NO final custody order typed and signed by judge(verbal to attorneys). He has yet to rule on the visitation, both sides turned in their visitation/paranting plan (March) and no ruling on this either. This is a two state issue non custodial lives out of NC. Both sides were told property ED will commence with mediation. I say forget this for right now until the courts finishes what is before them now. I know judges are busy, but come on, I check out his docket and by my calculations he should have time to clear out old cases (30 min) to read and (30 min) to decide. If he needs to talk with attorneys over this then call them in.
My question: is it his clerk that is responsible for bringing cases to him, and yes I know some cases come before this, but don’t you agree that 7 months waiting for a ruling on visitation and the legal custody paper, that say what his ruling was(joint custody 50/50). We don’t even know what this means. 50/50 can not mean equal time with both since it’s two states, so we are not sure what he means when he stated this. I am sure it’s to do with money only.
I simply don’t understand how the courts can dangle these parents, both sides are upset it’s taking so long, but we don’t want to upset the judge, I am so tired of hearing that. Our attorney did send over a letter two weeks ago and still nothing. On the court website they promote how well they run, well not in this case.
If a person was to do this (not show up) then they would be in contempt. Aren’t courts held accountable??
Thank You


#3

Your attorney can set a hearing for entry of order and when the issue comes before the judge they can tell them that the order has not been entered and they set it for a time when everyone could deal with it. After seven months I think it is reasonable to do that. I’m sorry you hve had such a negative experience.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

Hello,
My question: custody decision took 3 months is this usual, when the temp. custody ruling had been going on for two years? Judge stated after trial Dec(3 day trial) decision would be made Jan 2 or 3. It was three months later. Now it has been 3 months still waiting on the visitation ruling. Attorneys have turned in their paperwork on this. Our attorney doesn’t want to contact the court to see why it is taking so long (don’t want to upset the judge). Do judges get upset when attorneys ask about a ruling etc. etc. It’s like this is never going to end. Also on a custody ruling on the paperwork who does the facts and findings the attorney or judge or both?
Thank You