Court Date Canceled????

[Thomas]

Hi,

My wife is filing for a fault divorce and today was our court date. She's also filing for custody of our son. We had the custody hearing earlier this month and temporary custoday was order and the next court date for custody is in February. Custody was also mentioned in the complaint of divorce. I received a call from my lawyer on my machine last night stating not to go to court today. I called his office and his paralegal told me they received a message via voice mail and fax from my wife's attorney stating they were canceling todays court date for the divorce complaint. They didn't mention continuing it for a different date just canceled.

There were other things mentioned in the complaint such as spousal support, paying her attorney fees. The only thing that has been settled so far in the complaint of divorce is the custody. As anyone had this happen and if so what was the reason? Could my wife be up to something. Unfortunately I'm not going to be able to talk to my attorney for a couple of days and I'm curious.

Thanks.

[Ben]

Thomas,
You ask: "could my wife be up to something?" Will a dog eat it's own vomit? Answer: Yes, to both.

The issue was continued in order to lengthen the amount of time that she has temporary custody, maintaining the 'status quo.' Its laywering 101 and is one of the oldest tricks in the book. I am surprised your attorney didn't contest it.

THIS IS ONE OF THE REASONS FATHERS SHOULD ALWAYS FILE FIRST.

Thomas, get your attorney to speak with the other attorney regarding the reason for the delay. If possible, get it in writing. Reason, so that you and your attorney will have a written record of ALL delays to contest any award of attorney fees.

Depending on the way custody is determined in your local jurisdiction, you may be able to request private mediation.

What are the circumstances? How long were you married? How many kids? What was the fault she cited? What have you and your attorney determined to be the strategy?

Good luck.

[Tom]

When the other side does something like this, you can bet it's for a damn good reason. They're stalling for time. They're building a strategy. You'd better find out what it is. You don't want any surprises.

Tom

[NINA]

hEY,

mY HUSBAND IS STATING THAT ALSO ON MY PAPERS THAT WHEN i WAS SERVEED STATED JUST THAT AND MY ATTY CALLED HIS ATTY AND HE ASK WHAT DO YOU ALL WANT FORM MY mRS. c..HE STATED NOTHING JUST THE DIV AND TRUCK..UH WHAT UP WIT ALL THIS..EMAIL ME PLEASEi WAS SERVE ON XMAS EVE AT WORK..NO KIDS ALL GROWN