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Main Forums => Dear Socrateaser => Topic started by: ArkStepMom on Sep 12, 2004, 04:35:26 PM

Title: duration after filing
Post by: ArkStepMom on Sep 12, 2004, 04:35:26 PM
Soc,
Once a Custody Mod/Contempt motion is filed with the court house, what time frame or constraints are there before proceeding with the intended action??
Title: RE: duration after filing
Post by: socrateaser on Sep 13, 2004, 09:57:33 AM
>Soc,
>Once a Custody Mod/Contempt motion is filed with the court
>house, what time frame or constraints are there before
>proceeding with the intended action??

Depends on the court. In some jurisdictions, you get a hearing date when you file the motion. In others, the judge sets his/her own calendar, and you have to wait for a response.

For a custody mod, the court will usually have a hearing on the question of whether there is a change of circumstances. If the court finds grounds for a new custody hearing, then a trial date will be set, and the court will appoint a GAL or an evaluator or both, or the court will entertain motions for same, etc. Then, after whatever are ordered reports come in, there will be a trial. You're looking at least at six months, unless you can show an emergency.

For a contempt, you will get a hearing date from the clerk, immediately. It will probably be held in 30 days or less.