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AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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I am currently under retainer with an arttorney. I am in a

Customer Question

I am currently under retainer with an arttorney. I am in a motion to modify parenting time as my ex feels the boys must go to he house after school and mine, has been the case for 10 years. She has no evidence of higher grades at he residence and no evidence of any significance when the boys get home from school at 3:30 until I get home from work.
We have a court hearing on August 3rd. The problem is me, my ex, my attorney, and her attorney all have vacations during July. No one can honestly put their full efforts into providing a fair trial. My boys have also not been specifically asked if the chance in time is acceptable to them. the magistrate ordered the boys 14 and 16 to be interview. The person who interviewed them I object to as she is our parenting coordinator and at the previous clearly argued that my parenting time be reduced and the boys cannot go to my house unattended after school. The interview was clearly biased. The question of where the boys want to spend their time was not addressed.
There was only one mediation......not enough for a change in parenting time.
The MOU that was drawn up accepted all the term requested by ex wife. No decisions were in my favor.
After the MOU draft was drawn, I felt extraordinary pressured and forced to sugn the MOU, which I clearly objected to. I feel Since my ex, and both cousel are out of town.....I am pressured to settle this case because both counsel were leaving for vacation in the next day or two.
I do no want to sign the MOU in spite of all the pressure to do so. I don't feel an Aug 3rd date is reasonable time to prepare for this type of motion.
My attorney, for whatever reason, did not attempt o extend the court date. I want to personally ask the magistrate to extend the court to allow for a fair trial.
Submitted: 3 months ago.
Category: Family Law
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather, an attorney for 15 years, and I'll be happy to assist. Just a moment as I prepare my response.

Customer: replied 3 months ago.
I will also ad I will be in Hawaii with my boys July. Discoveries are due July 15th.Dan.
Expert:  AttyHeather replied 3 months ago.

If you have instructed your attorney to file a motion to continue, then your attorney should do that after discussing it with you. If your attorney is not following your wishes, then you probably need to find a new attorney who will follow your wishes. However, I'm not sure why you don't think your attorney has enough time to prepare. Unless your attorney is going to be gone the full month, I think that an attorney who practices in family law should be able to handle a hearing of this type even if going on vacation in July. If you go behind your attorney's back and start filing motions to continue with the court, you risk your attorney getting off your case after he sees what you've done, and you also take the risk inadvertently making statements that will make you look bad, so I wouldn't suggest filing the papers yourself. It's critical that you and your attorney go into this as a team, and clearly, you are not on the same team right now.

Expert:  AttyHeather replied 3 months ago.

Please let me know if this has answered your question, as I am here to assist you.