You ask:1) we thought when there are 2 attorneys, they discuss options of a court date together and decide on one together... is this correct?
A: Attorneys are required to "meet and confer," before asking the court to resolve a dispute. However, if negotiation is futile, then the next step is to have the court decide.court dates have been getting set w/o our involvement & they are always dates my husband works... when there are other days during the week that he is off & wouldn't risk issues at work from continuing to take off. if attys normally decide on dates together, shouldn't we be expecting that the attorney would afford us the same courtesy even though we dont' have an attorney?
A: Yes, but you will never
get tht courtesy, because it's not a rule of court. It's just a courtesy that attorneys accord each other, so that they can manage their case load. The same applies to the court. The judge has a calender, and he/she will fill it with cases as they arise. If the judge were to prefer party employment schedules to the court's, there would be few hearings, because most laypersons work at least 5 days per week, on the same days that court is in session. If so, how can this be handled/worded to the atty so that we can be involved in deciding on a time which works?
A: You can send a letter to opposing counse detailing your schedule. However, I wouldn't count on getting any accommodation. In fact, if the attorney is a real a**, he/she may try to schedule things precisely when you say you are unavailable. 2) the matter involves my husband and his ex-wife, but i transport the kids to/from school & day care alot as well. (that is what this matter is about, btw... trying to get a judge to rule that we have to drive the child (who did not pass 7th grade) to summer school 45 miles away each-way during hours we work... and she does not work (never has)... when there are other options. so this court session affects me too. w/o us having an atty, am i allowed to speak in court if i am not on the suit?
A: You can be called to testify by your husband as a witness. You cannot speak, other than while testifying, because that would be the unauthorized practice of law. I realize that the case affects you, however, you are not a party, and you can't be a party, because you have no legal standing in the court's eyes -- since the child is not yours. if so, how does my husband handle that in the court so that i can speak?
A: He would have to call you as a witness.do you have any other suggestions for us regarding the matter mentioned?
A: Your husband must testify that he must work, and driving
the child is simply impossible. Ideally, you would want the child enrolled in school close to you -- which may still be possible. Check with your local middle school, and if the school would allow the child to attend, then you will have to subpoena
the school administrator to testify at your hearing. we thank you for your time and your service on this website. everytime this happens, we are filled with fear and feel hopeless as to what the outcome will be. sincerely, cindy
A: Divorce with children is always bad -- there are no good outcomes, in my experience -- just some outcomes that are not as bad as others.
Hope this helps.