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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a huge problem. My husband file contested to get visitation

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I have a huge problem. My husband file contested to get visitation rights. and prior had no want to keep my son on overnight visits. SO i filed a motion to admend the pendete lite order to our graduted visitation schedule, but the judge hasnt looked at it. that was in December before Christmas. So my lawyer wont call to check nor call to schedule a court date. I am too lost I need to know how to get this motion approve asap!! Or can I keep my son from him and cause a contempt so we have to go in front of the judge? but also i nd to know do i have to adhear to the Pendente lite order if i never agreed to it??
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello,



Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I am very sorry for your situation, but this can be easily rectified. The whole problem lies in the fact that it has not been scheduled for a hearing, yet. Just filing doesn't do anything, it has to be put on the docket. The clerk seems to be overwhelmed (they often are) so make the attorney call the clerk everyday until you get a hearing date - that is what you are paying them lots of money to do! You're their boss, not the other way around, so make them do it. :) If they balk at this, threaten to file a grievance if necessary.



At the same time, I would advise following the order to the letter. As long as you do not contradict the order, you're not in contempt. The only reason for not following it is if you feel - reasonably - that the child would be neglected/in danger.

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Customer: replied 5 years ago.
so should a 10 month old baby be going on over night vsitation???
Expert:  Ely replied 5 years ago.
If the Court's decree says so, then yes, UNLESS YOU HAVE EVIDENCE THAT SHE WOULD BE ABUSED/NEGLECTED, in which case you have the right to hold her back, and file with the court (which is what you did, we just don't have the hearing yet because your attorney refuses to raise their voice at the clerk). So, if you have proof or suspect reasonably, then hold her back. But being ten months old in itself is not enough to disallow overnight visitation if the decree allows it. I know, it's frustrating - I am sorry.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”













Ely and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

so can i call and request a hearing or do i have to wait for my lawyer to?

Expert:  Ely replied 5 years ago.

You can call and request one. In fact, I ordinarily started to type this out, but chose to leave it out because I did not want to create discord between yourself and your attorney. But you have the right to do this, of course. However, the attorney may say "I can't make it that day," so you'd be creating a problem - POSSIBLY. So if you do this, perhaps ask the attorney what days they CAN make, so they can't use that excuse. But in the end, of course you may.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”












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