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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36995
Experience:  30 years in civil, probate, real estate, elder law
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I had a question about the motion for and emergency hearing

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I had a question about the motion for and emergency hearing to modify my visitation. I was not in town and found out about it only three days before the hearing and I was not able to make it. I called my attorney and he said he had a trial set for that time but he would talk to the Judge if he saw him. Reguardless the hearing went on without me being there and a modification was made which suspended my visitation. I had no due process as I see it. This divorce is been going on for two years now so I have no clue I had a question about the motion my wife’s attorney made, and receive I might add, for and emergency hearing to modify my visitation. I have never been late on my child support but that should not affect visitation in all circumstances I do not believe. Never the less I was not in town and found out about it only three days before the hearing and I was not able to make it. I called my attorney and he said he had a trial set for that time but he wouluch a hearing without cause?
So what questions do you have here about this situation?
Customer: replied 6 years ago.
I actually thought it was in the explination I appoligize.
  • 1. What is the time frame for such a hearing without cause or is it whatever will be will be...?
  • 2. What are my options second opinion needed hear?
  • 3. What are the rules as far as on Judge changing another Judges order in a family court proceeding?

Additional comments welcome...

  • 1. What is the time frame for such a hearing without cause or is it whatever will be will be...?Judge sets hearing date and decides if it is an emergency or that other side gets notice
  • 2. What are my options second opinion needed hear?You can file here to modify custody.I am severely troubled that if you had a lawyer that the lawyer did not appear here.Thats malpractice to not appear or get it continued or at least try.

  • 3. What are the rules as far as on Judge changing another Judges order in a family court proceeding?The judge here can and does modify court orders.It is not that rare if one of the parties files and there is hearing and evidence.You certainly have right to motion here again and seek different outcome.
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