Q: My contested custody’s hearing is set in April. What happens if my sons mother has a lawyer the day of and I don’t?
Would I be able to ask for a continuance and hire one myself or should I just hire one and not worry about her having one or not?
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- Colorado
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- Answered
A: If she has an attorney and you do not you will be at a serious disadvantage going into that hearing. You could always ask for a continuance, but judges are not necessarily going to find that one party having an attorney and then other one not is a basis to grant a continuance. Regardless of what she does you should at least consult with a family law attorney to assess your case. From there, you can determine whether having an attorney would help. A family law attorney is going to understand what needs to be done to prepare for hearing, how to conduct the hearing, what a court is likely to do, etc. You would likely benefit from hiring someone to represent you. Given that the court date is in April, you have plenty of time. That being said, there are various deadlines tied into the hearing date which will need to be met. Some of those deadlines run even 2 to 3 months before the hearing occurs.
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