SPARC Forums

Hello,

We received the recommendation from the mediator for physical custody in her report with visitation to mother.  

Hearing is 3 weeks away.  Mother is now attempting to stall by hiring a new attorney and asking for a continuance so the new attorney can ramp up.  We do not want a continuance.  We want the report adopted first, then she can readdress with her new lawyer at a later date if desired.  

We are in Ca.  How likely is it that her stall tactic will work?

Thank you very much for your input.

I don't read tea leaves. You have the right to object to a continuance, but the court will almost always extend time to a newly retained attorney. It sometimes depends on whether this is the first time the other parent has tried this tactic. If it is, I'd say that she will get her continuance, however, there is always a chance that the judge will care more about the court calendar than the attorneys' -- and in that case, the motion for a continuance will be denied.

Sorry for the ambivalence.

It has taken over 2 years to get this far, and have a positive report in hand.  We would love to have the judge adopt it now of course.  

It seems so obvious that the new attorney and the request for more time is to try and forstall the change in custody as long as possible - which has been the pattern here.  We were just wondering if the judges "see" this as a tactic, or if they care.  

Thanks for responding.