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I am going through court to make my sons fathers visitation…

Customer Question
I am going through...

I am going through court to make my sons fathers visitation supervised. My sons fathers attorney withdrew 3 days before the court date because the father refused to pay him and threatened him. The magistrate granted a continuance to the father. How is this okay when he is the one that lost the lawyer by refusing to pay him?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?

I'm not exactly sure

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, I have a lawyer. I am in need of a second opinion

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

Was the magistrate allowed to do this?

Submitted: 8 months ago.Category: Family Law
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Answered in 1 minute by:
11/15/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,597
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

What state is this in regards ***** *****?

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Customer reply replied 8 months ago
Ohio
Hamilton county
Family Lawyer: LegalGems, Lawyer replied 8 months ago

Unfortunately a magistrate may allow a continuance and will typically do so if the party does not have legal representation. Rule 1.2 allows for continuances for good cause and lack of legal representation is one of the most common grounds unless the court finds the person engaged in activity with the express purpose of delaying the hearing/trial. But that requires the party alleging that to prove it and intent is difficult to prove. I certainly wish I had better news as continuances can be a frustrating delay tactic. Normally subsequent requests will be denied.

http://www.hamiltoncountyohio.gov/UserFiles/Servers/Server_3788196/File/Government/Courts/Court%20of%20Domestic%20Relations/Local%20Rules/LOCRULES%20Local%20Rules%20Domestic%20Relations.pdf

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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