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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102350
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a grandparent who has primary custody of my 11 and 9 year

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I am a grandparent who has primary custody of my 11 and 9 year old granddaughters since Feb. 2007. Prior to that the courts opinion was that I was acting in loco parentis for the immediate past 3 years to the date of the 2/07 hearing. We have had five full hearings since that date and 5/09, and mother has been filing petitions since this past July to modify. In Pa you do the Family Masters conference first which we finally did last Wednesday, mother was there without her attorney.(she has had 3, the last one was pro bono, since mom is unemployed and now has 2 additional children) Mother at first hearing lived in same school district as us, was employed and had her own apartment. Since 2/07 she has lived wiuth boyfriend at several locations, does not work and has had 2 more children. She wanted court date at masters conference but had attorney ask for adjournment the next day. How is this different than asking for rescheduling of court date?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.
Hello,



Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Just to make sure I understand your question correctly, you are asking how her request for adjournment to next day is different than asking for a continuance? In other words, please let me know what you are trying to achieve, or to find out. Thank you.



Customer: replied 6 years ago.
The day after the conference when mother demanded new hearing date, she asked for and adjournment. This petition has been on and off docket since July, mother filed and it has been dismissed by the court and refiled numerous times. Worst is that the girls have had this hanging over them since July. She continually has told them they are going to different schools(she now lives in North Philadelphia-another jurisdiction, we are in Bucks County, the schools in Philadelphia are horrific and she can show no form of income and lives in a heavy serious crime area) She had supervised visits from June 07-May 09 due to mother falsely accusing my than 22 year old son of molesting my youngest granddaughter who was 5 at the time. There was a complete investigation, my son volunteered for a polyograph and was the cleanest test ever seen by the examiner. Children and Youth the investigating authority with the local police went to court on our behalf. Mother now has every other weekend, one dinner a week and some vacation and holiday time. A new judge granted her this thinking it would improve the situation. Mother now wants primary custody and is very manipulating, deceptive and tries to totally alienate the girls, so after six months of this hanging over us she demands a date to have it adjourned the following day. I just wanted to know if this is the same as continuance because that term has never been used before.
Expert:  Ely replied 6 years ago.
Oh, I understand - thank you. An adjournment can be viewed as a suspension or interruption of a matter. The Court has inherent authority to grant an adjournment on a motion from a party or on its own motion, as it sees fit. It can be temporary, or semi-permanent. It is like a long continuance, in essence. So while it is not a continuance, it functions like one. You'd have to ask the Court Clerk if the adjournment is temporary or not. So it is NOT like a continuance, it functions the same way, except for a longer period.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



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