what to do when your custody lawyer rushed your hearing and wouldn't let you speak

by Birdie Marquardt 5 min read

You can file your motionat any timeif (1) you missed your hearingbecause you did not receive your hearing noticeor(2) because you werein federal or state custody/jail/prison. Youmustfile your motionwithin180 daysof the hearing you missed, if you missed that hearing for anyother reason.

Full Answer

How to prepare for a child custody hearing?

In addition to working closely with your child-custody lawyer, use the following tips to prepare for your custody hearing . Child custody laws vary from state to state, 1 so one of the first things you need to do is become familiar with the laws in the state where your custody hearing will be held.

How do you deal with a custody dispute?

BE PREPARED There are many important factors to consider when initially dealing with a custody dispute. Things such as parents work schedule, daycare, and ability to get the children to and from events often become very important issues.

Will my child custody case be heard before a jury?

Parents seeking to win custody should know what to expect in advance so that they can best be prepared and anticipate each step of the process. One detail that many people don't know is that child-custody cases are not heard before a jury; that's reserved for criminal or civil cases.

Why should I hire an attorney for a custody case?

Custody is no different. Having the right attorney may very well result in you spending more time with your child. In addition, to make sure that you have an attorney that knows how to get results, it is equally important that you retain an attorney that you can communicate and trust.

My Child Custody/Visitation Court Order was Violated, What Can I do?

Parents usually violate a visitation order by keeping a child for too long or failing to pick up a child at the right time. You have many options t...

What Could Happen If A Parent Disobeys A Child Custody Court Order?

Disobeying a court child custody order may result in harsh consequences: 1. Non-violating parents could petition the court for enforcement of the o...

Should I Get A Family Law Attorney?

Yes, family law cases can be complex, especially when they involve children. An experienced child custody attorney will be able to help you enforce...

What to do if there is a dispute with my child's custody?

Secondly, if there is a dispute or disagreement regarding the terms of custody and visitation, you should seek a modification of child custody or visitation orders. This can help prevent situations where one or both parents are trying to take matters in their own hands and are trying to create a new arrangement.

What is the importance of working with a child custody lawyer?

More importantly, they can place the child in situations that are not ideal for them. Thus it’s important that you work closely with a child custody lawyer near you if have any questions or concerns regarding custody or visitation.

What are some examples of child custody violations?

Some common examples of violations may include: Keeping the child with you for a longer visit than what is provided for in the custody or visitation order; Failing to inform the other parent of the child’s whereabouts; Taking the child on a long trip without asking for approval first;

What is the parent with the rights called?

In such cases, the parent with the rights is called the custodial parent, while the other is called the non-custodial parent; Various other types of custody rights. Child visitation refers to the rights that a parent has to visit a child, or to have the child stay with them for a short period of time.

What is child custody?

Child custody refers to the caretaking rights that a parent has to have the child stay with them, as well as various other legal rights in connection with the child (such as the right to make decisions on their behalf). These rights may be divided between the parents. There are different types of custody and custody arrangements, including:

What is child visitation?

Child visitation refers to the rights that a parent has to visit a child, or to have the child stay with them for a short period of time. In most cases, this refers to the rights of the non-custodial parent. Since they don’t have custody of the child most of the time, courts may grant them specific times ...

What are the factors that determine custody and visitation?

Many factors may be reviewed, including the background and abilities of the parents, the child’s background, and other elements. All custody and visitation arrangements are made with the child’s best interest in mind.

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.


LET NEGATIVE EMOTIONS TOWARDS THE OTHER PARENT CLOUD YOUR JUDGEMENT One of the biggest mistakes made by individuals involved in custody matters is to put their personal animosity towards the other parent above the best interests of their child. Quite frankly, the Court cares very little about the reasons that caused the parents to separate.


WITHOLD ALL VISITATION FROM THE OTHER PARENT WITHOUT A PROPER REASON TO DO SO There are certainly circumstances that warrant preventing a parent from having unsupervised visitation with a child prior to the issuance of a court order.


MOVE OUT OF THE CHILDREN'S SCHOOL DISTRICT WITHOUT A GOOD REASON Many judges are extremely hesitant to move children out of their existing school district. They do not believe the children's best interests are served by removing them from a familiar environment and from their friends.


REFUSE TO COOPERATE WITH THE OTHER PARENT Custody can become a very nasty and a hate-filled process. However, it is important that you cooperate with the other parent regarding your children's well being.


FALL TO THE LEVEL OF THE OTHER PARENT Oftentimes a parent will be very good about being cooperative with the other parent regarding their children's interests in the beginning. However, once the other parent starts becoming difficult they fall down to there level and become just as petty.


TALK BADLY ABOUT THE OTHER PARENT IN FRONT OF THE CHILDREN By now you are probably starting to notice a general theme to these paragraphs and that theme is that the Courts greatly prefer both parents to be involved in the children's lives and not disparage the other.


BE PREPARED There are many important factors to consider when initially dealing with a custody dispute. Things such as parents work schedule, daycare, and ability to get the children to and from events often become very important issues.

Contemplate Your Options

Before you go to court, consider how confident you are about representing yourself. Many free legal aid organizations can assist you with handling related cases like the Jensen Family Law – Mesa.


You will be entering a world of information during the course of your case. You’ll need to have extensive knowledge of the laws related to child custody and divorce. The more aware you are about what the court is asking you to do, the better prepared you will be.

File a Petition for Custody

To file for child custody, you must fill out a Petition and Order for Custody. You have to state the grounds on which you are seeking custody. Read the petition carefully and check that all boxes are filled correctly to avoid having your case dismissed.

Serve the Other Party

Each party has to serve their spouse with the child custody petition. You will be expected to serve your spouse outside of court on several occasions during your divorce or custody process. Serve them when you can, even if you think it might be risky.

Attend Hearings

When you file for child custody, you ask the judge to enter an order that will determine your rights to see your children. That means attending hearings is essential in the process. Attend court hearings even if you are not there representing yourself.

Be Prepared

Bring detailed notes about any meetings with your spouse and other adults involved in your case and work closely with everyone involved during these conferences. Be sure to mention in your notes any inconsistencies or inaccuracies in what they say. It most definitely won’t be an easy process, especially when you’re representing yourself.

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

What happens if you appeal a family court decision?

If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.

Do judges know the laws in Florida?

And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.

Did the gal investigate any of the leads I gave him?

The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.

How to be dishonest in custody battle?

It is best to acknowledge any difficulties and prove how you have overcome them. In addition, fabricating or embellishing stories about your ex is also an example of being dishonest during a custody battle. Judges have a way of getting to the bottom ...

What not to do during custody battle?

What Not to Do During a Custody Battle. 1. Don’t Be Dishonest. This seems pretty obvious but bending the truth or withholding important information is almost always guaranteed to backfire. There is a big difference between putting yourself in the best light and lying about past mistakes or financial struggles.

Is custody a complex process?

It’s not as easy as you think and you need to be prepared for anything that might get thrown your way during a hearing. Custody proceedings are complex and it’s essential to get help from a qualified professional. The best advice is to work with a team that is experienced in Family Law.

Can you use your children to win custody?

Don’t Use Your Children to Win Custody. The whole experience will be traumatic enough for your children, unfortunately, this is inevitable however civil you remain. One of the main things not to do during a custody battle is to use your children as pawns or weapons. It won’t help your reputation in court.

Can you talk about your ex?

Do Not Talk About Your Ex in a Negative Way. It’s not in your child’s best interest to hear unpleasant things about their other parent, even if you believe them to be true. This can be very upsetting for your child. It won’t do you any favors legally, either.

Can you move in with a new partner?

Don’t Rush to Move in With a New Partner. Rushing to move in with a new partner will affect the case, however unfair it may seem. Moving in with a new partner won’t necessarily make or break your case but, in the eyes of the law, you are putting your children at risk by moving them in with someone new.

Can a custodial parent relocate?

Even if you leave the state or the country, you must always remain reachable. In fact, a custodial parent can’t relocate without court approval.