Q: What would be a valid reason to request telephonic hearing for a custody case?
My ex and I have been petitioned for custody by his soon to be ex wife. He currently has sole custody and I have visitation. His soon to be ex wife has petitioned us for custody of our 4 yr old. I currently have a warrant for probation violation. It was mentioned to me I should ask to have a telephone conference for the hearing. But I don't know what I should say
A:
If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.
If it were me, I would address the probation violation with a criminal defense attorney.
If you were advised to ask for a telephonic hearing for something such as what is called a, "resolution management conference," those are sometimes granted by the Court to save the parents from having to go to court for something which might be resolved just as easily as a hearing in person, and saving everyone money, rather than pay attorneys to drive to court, appear in court, drive back, etc.
I do not believe a court will grant a request for a custody hearing to be conducted telephonically because the court wants to "observe the demeaner" of the parents.
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