Q: I have an active custody case going, we have temporary orders in for custody and are going for child support very soon
My daughters mother has a lawyer and I do not have a lawyer so I feel her lawyer is definitely taking advantage of me due to my lack of knowledge on this matter, I believe I was supposed to have given her a copy of my evidence for child support court case in a certain time frame, and I'm passed that time frame because my fiancée and I had our son within the last two weeks, so between being in the hospital and work I've had no chance, my question would be how do I go about possibly getting a continuance on our hearing so I can get everything together and hopefully retain counsel since I am in over my head on this!
A: You would first need to ask the other attorney whether they agree to a continuance. If they do, a joint or unopposed motion for a continuance would need to be drafted and filed. If the attorney does not agree, you would need to file a motion for a continuance on your own, setting forth the reasons. Each judge is going to be different in terms of how they might view your situation and some judges may not believe missing deadlines is a basis. You should consult with an attorney ASAP to assess your situation and guide you as to what you need to do.
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