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My son has a court date for a DUI in New Mexico. He has a…

Customer Question
My son has a...

My son has a court date for a DUI in New Mexico. He has a court date on the same day for child custody in Midland Texas. Can he appeal to the judge or judges to get the date changed on one of the court dates?

Lawyer's Assistant: Who has legal custody? Is there a child custody order in place?

HIs ex wife has legal custody. She wants to prevent him from seeing the boys at all. She has a restraining order against him at this time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that my son has been in a lot of difficulty. He also has a domestic terrorist court date in September. I have no idea how he is going to manage any of this. He has an attorney for the New Mexico case.

Submitted: 1 year ago.Category: Family Law
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Answered in 4 minutes by:
8/2/2017
Family Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 43,062
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Yes, yes he would have to file a motion to continue one of the cases.... the attorney in NM can talk to the prosecutor and likely get an agreed order for a short continuance, normally 2 weeks, so he can deal with the TX custody case.

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The judge will approve the agreed order as long as the prosecutor doesn't have any problem with it, and they rarely do object..

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thanks

Barrister

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Family Lawyer: Barrister, Lawyer replied 1 year ago

Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

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Thanks much

Barrister

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Customer reply replied 1 year ago
His ex wife is saying the he is in "default" for not appearing at the first hearing and that it will be pointless for him to appear at the next one. According to her he missed his chance to defend himself and the judge will just give her what she asks for. Is this true?
Family Lawyer: Barrister, Lawyer replied 1 year ago

If that were true, then there wouldn't be any further hearings scheduled and the judge would have just ruled at the last hearing on the matter. Never believe what the other side is telling you as they have an incentive to lie..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Ask Your Own Family Law Question
Family Lawyer: Barrister, Lawyer replied 1 year ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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