Colorado Springs, CO asked in Family Law, Child Custody and Child Support for Colorado

Q: Hearing is in 6 days and my ex just now got a lawyer. We already had our pre hearing in April. Is that allowed?

We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how ones belief would be sufficient to request that.

2 Lawyer Answers
Sabra M. Janko
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Answered

A: A person can retain a lawyer at any time. If one person in a court proceeding has an attorney, then the other should seriously consider doing so as well. You are right that a personal opinion is not sufficient to support a hair follicle test. She should be introducing some evidence as to why the UA is insufficient and as to why the hair follicle test is necessary.

A: There is no problem with her getting a lawyer now. The issue may be if they request a continuance so the new lawyer can get up to speed. You may want to get a lawyer also.

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