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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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How do I file a motion in NY Family Court for a continuance?

Resolved Question:

How do I file a motion in NY Family Court for a continuance? I am representing myself. this is a support matter
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. What was contained in the letters that you sent to the Judge or opposing counsel? Was the hearing set by the opposing party or the Judge?
Customer: replied 1 year ago.

The judge postponed the original date. I sent letters to both judge and petitioners counsel requesring either an earlier or later date with copies of flights and hotel confirmations made almost a year in advance. I have heard nothing. I pay my ordered support and all extras for the children without fail.

Expert:  FamilyAnswer replied 1 year ago.
Jean, thank you for the additional matter. Typically, a party will call the opposing party and see if they have an objection to a continuance. If they do not, you can inform the Judge that there is no objection and respectfully XXXXX XXXXX it be granted, upon the showing of good cause. In this case, if you did not contact opposing counsel since you are pro se, it is alright. A motion for a continuance should be granted upon the showing of good cause and as long as neither party will be prejudiced by it. As such, the motion needs to be filed with the court and copies sent to the Judge and all parties. In the body of the motion, you want to lay out the basis for which you are requesting the continuance and attaching any supporting documentation, like you did. If the original date was postponed and you can not appear at the recently set date, the Judge will likely reset it to a later date. Rarely will it be set earlier. In this case, if you have heard nothing and the date is approaching, you can call the judicial assistant of the Judge on Monday and ask if this is something that needs to be set for a hearing or if the Judge will just rule on the matter.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

One last question, can I find a template to follow to write up my motion?.Unfortunately the other party does not agree to postponement and never would agree. It's a very difficult matter and because I have been in court for several years even though we were never married and support my children, I can no longer afford the legal fees.

Expert:  FamilyAnswer replied 1 year ago.
I have not been able to find anything online. However, the clerk of court should have a blank form for you to fill out and file. If not, the law library in the court house likely has a book to reference or forms which you can use to obtain this.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16693
Experience: 8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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