Q: is it possible to appear or ask for continuous by phone in California in a tro hearing ?
I filed a tro and my x did also same time I put my child on it that is not his he also tried to put my child on his my was fully granted his was only granted toward me we had a court date on Aug 26 where we both appeared i asked for continuous it was granted for September 16 on this day I called i had chicken poxs and im 6 months pregnant the clerk told me it was up to judge she can dismisse the cases or the other party can request a continuous now because in state of California you can not appear by phone for a tro or ask for continuous if not present he told me I would be notified by service from other party of new date If he requested continues or i would be notified of dismissal apparently there was a court date September 30 I was never notified so the school calls says he is there to get my child with court paper work showing he has custody I went to court they said in file clerk noted I called bit nothing of me asking for continues but there is no proof of service of new date so
A: If timely, you can appeal the custody order with evidence of your sickness if the court date you missed was when the custody order was granted. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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