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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.