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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23937
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Can a judge deny legal council in a custody case? Example:

Customer Question

Can a judge deny legal council in a custody case?
Example: this is going to be mine and my ex wife's 2nd custody hearing. The first custody order was temporary. I just got notified by my ex, not the courts of a case tomorrow May 18th 2016. I want legal council because my ex is going to try and use my marital issues to get full custody. But nothing going on with my wife and I affects my boys... Can a judge deny me council because of my marital issues?
Submitted: 6 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 6 months ago.
Good morning. No, you have a legal right to counsel, if you want to retain an attorney. In a situation like this, if you were just notified about tomorrows court hearing, you can argue that it was not timely and you need time to prepare and retain counsel. Unless this is an emergency matter, it is VERY odd that they would set it and tell you the day before. As such, you can contact her or her attorney and advise it is not timely and it needs to be reset or file a motion with the court, advising of the same. When it comes to custody, the Judge is going to act based upon the best interest of the child. Unless she can show that the martial issues are effecting the child/ren and your ability to care for them, the Judge may not be so inclined to give her full custody.
Customer: replied 6 months ago.
I just got wind of this on Friday by my ex. When I went to the courts they said yes I do have s case on the 18th and they should have sent something in the mail. When the clerk pulled up my information they didn't put my apt number in. They just have the building number. So I can go to her attorney and request she reschedules it due to not being notified in a timely manner?
Expert:  FamilyAnswer replied 6 months ago.
You can call or email them and advise them of the situation. You can ask that it be reset, advise that they did not have your apartment number so you never received this and were never placed on notice, in a timely manner. Tell them you are retaining counsel and ask that they reset it in X number of days/weeks. If they refuse or fail to cooperate, you can file a motion with the court today or appear tomorrow morning and argue the same.
Expert:  FamilyAnswer replied 6 months ago.
I just wanted to follow up and see if there is anything else I can clarify or answer. I am here to help so please just let me know
Customer: replied 6 months ago.
Ok. So I called her attorneys, her assistant informed me. I needed to call the judges office so I did and they informed me I have appear in court tomorrow and ask for the continuance. Then the judge can make s decision on whether to grant it or not... what can I do? Do I just go and get that done?
Expert:  FamilyAnswer replied 6 months ago.
unless the attorney will cancel and reset the hearing, you do need to appear. When you do, you can advise the Judge as to the situation with not getting notice in a timely manner, wanting to be represented by counsel and the need for additional time and that the matter not go forward.
Expert:  FamilyAnswer replied 6 months ago.
Please let me know if there is anything else, as I would be happy to respond. If not, please just remember to rate my help at the top at this time, so the site will give me the proper credit, for my efforts. Thank you again.
Expert:  FamilyAnswer replied 6 months ago.
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 at the top of this page, 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.

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