Q: Divorce and Custody
My son's wife filed for divorce after beeing married 10 ears and 2 children. They both went through Family court and went through all kinds of scrutiny by the Family Court for about six months. Finally, the Family Court decided to transfer the case to the Westchester, NY Supreme Court because of the custody battle. The Supreme Court has had this case for almost 2 years, Finally, they started the case and just testify for 2 days with my son testifying first, The case was scheduled again for 4 months. After going back my son was still testifying and the litigation again only spent 2 days and again the case was scheduled for another 4 months taking us to '2017. This case has been in the system for almost 3 years already.
My question to you is is this delay and delay normal. This for me and my family has been a nightmare. Does all this delays give my son a disadvantage being that she has had custody for three years now. Is there anything that I can do. Is there anyone i can write
A:
Custody issues are very important, since it is not just about the grown ups but also the child, who does not get a say and will have the decisions made for him/her. Thus such decisions cannot be so easily or quickly made, and it could take some time.
I cannot say what is normal for a contested divorce because every case is different; but without the people coming together to settle the matter themselves, it will inevitably take time for someone else--judge--to settle the matter for them. And if parties really cannot agree or settle, then this is as good as it gets, as fast as it gets.
A: The Family Law Court has a duty to expedite cases. If the opposing party is employing dilatory tactics, you can file a motion for sanctions where appropriate. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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