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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30375
Experience:  Attorney with experience in family law.
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I have temporary child custody of our daughter. There is a

Customer Question

I have temporary child custody of our daughter. There is a hearing for today retaining a petition I filed for sole physical custody, and a restraining order, as well as a restraining order my wife filed against me; this is all before the same Judge. There is already an order of protection against my wife in place. My Wife was originally arrested and charged in criminal court, but not convicted. Can I request a contuinance, since I have no legal Aide, what are the chances it may be denied. My spouse has an attorney and I do not, since I couldn't afford it at the time. The hearing is before a Judge in Queens, NY.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Have you talked to a laywer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I was hoping to solely rely on the insurmoutable evidence I had to prove she is an unfit mother; death threats from social media sites, child neglect(abusing her), and domestic abuse. The child also was present at the scene of the crime, when I was assaulted. What are the chances that I can go without legal aide and just present my case with rock hard facts and not have to worry about her legal defense. She is also has her own allegations of unfounded domestic abuse. She is trying to counter-act my case against her with domestic and physical abuse allegations when there is no proof.
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

It is possible to request a continuance, however, judges typically are reluctant to continue hearings at the last minute. Unless she just sprung her lawyer on you at the last minute, it's likely that the judge will deny your request for being made too late. If she just sprang these false allegations on you in the past day or so, that would help your argument to continue. You can also object and move to exclude her evidence on those topics based on the fact that she didn't tell you about them in time for you to request a lawyer and you had no way of preparing a defense.

Even if you plan to request a continuance, it's important to prepare for the hearing as much as you can, because you won't know if it's going forward until after you get there. All of the evidence you're planning to present will help, and you don't need a lawyer to do that.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
How do I submit my own evidence to be considered? How do I lay the foundation for evidence in NYC Family Court?
Expert:  Lucy, Esq. replied 1 year ago.

I'm afraid that's a separate question from requesting a continuance, and it's the kind of thing it could take a considerable amount of time to answer thoroughly. Before I can answer that for you, I need you to rate this question about a continuance positively and post a new, separate page about how to present evidence/conduct a hearing. This costs you nothing additional as a subscription customer. I apologize for the inconvenience.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about the continuance?