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Author Topic: Time Limitations on Child Custody Trial?  (Read 2467 times)

ladiva23

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Time Limitations on Child Custody Trial?
« on: Oct 18, 2011, 12:35:35 PM »
Does a trial really drag on or is there supposed to be a time limit?
 
We began trial on October 4, 2011 and our lawyer was out sick today, so the next court date is November 23, 2011.
 
Remember, the same day PBFH filed to stop his visitation, my DH filed for full custody.
 
So while that part of visitation has been restored, we are now fighting for full custody.
 
Are there any websites that can assist my DH with practicing to be on the stand?
 
Our lawyer seems to always be unavailable.
The thing is, the children don't have to choose. They can have us both. - Jackie [The Stepmom]


ocean

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Re: Time Limitations on Child Custody Trial?
« Reply #1 on: Oct 18, 2011, 01:36:27 PM »
No time limits, ours was over a year and a half of constant court dates month after month. Welcome to family court.

ladiva23

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Re: Time Limitations on Child Custody Trial?
« Reply #2 on: Oct 18, 2011, 02:20:16 PM »
Hi Ocean!
 
Good to speak with you. 
 
Did you and your DH go for trial for full custody or for violation of current co's and contempt of court?
 
The reason why I am asking is because I was reading the FCA (yes I am a nerd) and it says:
 
"Section 205.14 Time limitations for proceedings involving custody or visitation.
In any proceeding brought pursuant to sections 467, 651 or 652 of the Family Court Act to determine temporary or permanent custody or visitation, once a hearing or trial is commenced, it shall proceed to conclusion within 90 days."
 
http://www.nycourts.gov/rules/trialcourts/205.shtml#14
 
Our petion for change in full custody is 651, 652.
 
 
I'd go by that without asking all of you knowledgeable vets, but with all the posts I read, it seems like the above is only the exception?
The thing is, the children don't have to choose. They can have us both. - Jackie [The Stepmom]

ocean

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Re: Time Limitations on Child Custody Trial?
« Reply #3 on: Oct 18, 2011, 03:26:17 PM »
Ours started out as a violation of visitation and enforcement of visitation. I guess not really a custody change. I wonder if they count all the "postponements" that they make you sit in the holding area of the court house as hearings...

 

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