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AttyHeather
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 547
Experience:  Attorney with 15 years experience
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I am a pro se litigant. I flied a petition for a change of

Customer Question

I am a pro se litigant. I flied a petition for a change of custody and visitation based upon a unique change of circumstances. The Respondent countered. The Respondent has a long history of domestic abuse. He has been emotionally abusive to our children. He has attacked me in front of the children and was charged. He has an order of protection against him. He spends less than 15 hours a week with them, during his week with them. He has also interfered with parenting time on MANY occasions. The court handed out orders in this case for all parties to have psych evals and for the children to have counseling. The Respondent has violated every single order in our case and the Court Referee has refused to continue our hearing date which is scheduled until tomorrow. She has stated the reason for not continuing is because it was already continued (not by any fault of mine) and the case has been open almost a year. I have also released my court appointed attorney and asked for time to retain private counsel, which I have also been denied... the Referee has blocked my ability to get new counsel, telling every attorney in the area that she will not continue the hearing date. And all of the attorney's I've met with cannot be prepared for a hearing by tomorrow and some have prior scheduled hearings anyhow. I cannot prove the majority of my case without the Respondent following the orders of the court. I also have a traumatic brain injury, disability and I cannot represent myself with all of the moving pieces to this case. I have asked the court to get me in touch with the ADA rep, which they have no idea who that is, and I have written a letter to the district regarding the courts lack of assistance to persons with disabilities, which has essentially hurt my preparation in this case. The district has passed along my letter to address this, however, I have court tomorrow and I am facing a hearing. This Referee has forgotten what she has ordered, has spoken testimony onto the record that was never testified to, and has ignored all acts of impropriety on behalf of the Respondent. At this point, I do not know what grounds to ask for a continuance on this matter. I need to know the case law and grounds. Before my brain injury, I was a paralegal, so I am well equipped to draft petitions. I just need to know how to make it the MOST effective motion possible. Can someone assist me with this problem now? This is very time sensitive and I will be drafting all night.
Submitted: 2 months ago.
Category: Family Law
Expert:  AttyHeather replied 2 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 2 months ago.

Generally, you would have to demonstrate "good cause" to ask for a continuance, and you would want to request the continuance before the time period expires. You would frame all your reasons for the continuance under the "good cause" argument, characterizing your reasons as being, taken together, enough to constitute good cause.

Does that make sense?

Expert:  AttyHeather replied 2 months ago.

Could you please provide a positive rating for this question?

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