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Petitioner received a DVR while visiting in CA. holiday( San…

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Petitioner received a DVR while...
Petitioner received a DVR while visiting in CA. for Xmas holiday( San Mateo), she lives in OR and is unprepared for hearing (not been able to find legal help)and must drive from northern OR to be present at hearing. Minor children in her care. No support funds. Hearing set for tomorrow 1-20-16 . respondent has counter filed DVR, retained counsel. Petitioner fears vulnerable "in pro per" status. It is imperative that this hearing be moved. Can the date be moved?
Submitted: 2 years ago.Category: Family Law
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1/19/2016
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,839
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good morning. I certainly understand the situation and your concern. She MUST try and file a motion for a continuance TODAY and ask the Judge to reset the hearing. In the body of the motion, she needs to present good cause and explain to the Judge why she can not appear tomorrow. She should also address why she waited until the day before to do this, as it can be argued that this was not timely and therefore denied. She needs to send it to the court and see if it can be filed with the clerk and go before the Judge to be ruled upon and a copy also needs to be sent to all parties. Seeing how short she is on time, she would need to do it via fax and email and see if the clerk will accept it, unless they have electronic filing in that county. If not and she does appear, she would need to ask for the continuance is person at that time and ask that the matter not be heard and reset a week or 10 days, so she can retain counsel. I know it is not ideal but I need to be upfront and honest with you, since it is last minute.

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Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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