SPARC Forums

Indiana, Modification of Custody.

It will now be 2 years IF I finally get to Court this next March.  At each opportunity, opposing counsel requests and receives continuances.  This witness is unavailable, this date won't work, etc.  This has happened now 5 times.

1) I have asked my atty to tell me what would be required to get a change of venue to an outlying county, I have been told that they have less than 30 day waits to get full days on their calendars.  In your opinion, why is my atty resistant to requesting a change of venue?

2) Can opposing counsel continue to ask for a receive contiuances forever, and doesn't this impede or prejudice me and my case by continually granting these continuances?

Thanks in advance.

>1) I have asked my atty to tell me what would be required to
>get a change of venue to an outlying county, I have been told
>that they have less than 30 day waits to get full days on
>their calendars.  In your opinion, why is my atty resistant to
>requesting a change of venue?

it won't be granted, so forgetaboutit.

>
>2) Can opposing counsel continue to ask for a receive
>contiuances forever, and doesn't this impede or prejudice me
>and my case by continually granting these continuances?

your attorney should vigorously object to the next continuance, and if necessary file an interlocutory emergency appeal. you could also hire a private judge to hear the case.

A private Judge??

>A private Judge??

Yes, if you and the other party will agree to resolve the matter by binding arbitration via a private judge or attorney, then you can hire a retired judge or an attorney to arbitrate the matter and the determination of the arbitrator may then be entered in the court record, and will be deemed a final judgment.

Figure $300-$600 per hour for the hearing, depending upon the arbitrator's qualifications.