Ex has no attorney

[hpink69]

My bf's STBX's attorney just withdrew from her as counsel. It's been almost a month now and she still doesn't have a new attorney. Here is the problem: We have a court date coming up at the beginning of August and my bf was hoping to get custody settled before his oldest son start kidengarten. I think she is going to go attorney-less so that she can get a continuance on the date and the kids will have to start school in the town she lives in. My bf's attorney has already told him it is harder to get custody once the kids have started school. (NO custody is set yet)Is there anything he can do to make her either get an attorney or choose not to have one once court comes along, or since she will have had like 4 months since her attorney withdrew to get one before the court date will the court even grant her a continuance???? Any thoughts????

[Bolivar]

If your current attorney knows that the eX will be trying for a continuance to allow the child to start Kindergarten so eX will have a better chance for Custody.

Then your attorney should have a plain of action laid out.

If your attorney does not have a plain laid out on how to counter this action – GET A NEW attorney!!!

One thing I have learned dealing with attorneys if they can not spell out a plain of action then they are going to "Wing It".

The lawyer will walk into court that day.  Look at your file and make a decision at that point on how to proceed.  Start interviewing new attorneys and find out how they would deal with this situation.

Other than looking for a new attorney I do NOT have any ideas on how to deal with a situation of this nature.  

From what I have read over the years my best guess is – "it depends on the judge attitude for the day".  And the judge will normally side with current status.  That means that the judge will grant the continuance.  You will need to find out what it takes to stop the judge from granting a continuance for mom.

Remember since the child is not in danger the judge will probability let the case "slide" (grant the continuance).

Try over at:
Minnesota Divorce visit Http://www.divorceprofessionals.com
Divorce Answers visit http://www.divorceinstitute.com

And ask Maury your question.  He might shed some light on your situation.

Maury is a attorney out of Minnesota and is one of the rare lawyers who "thinks outside the box".  If Maury was in my area I would hire him in a second.


My $.02 cents.

[Lawmoe]

There is nothing he can do to make her acquire a lawyer.  He can argue she has had sufficient time and a continuance is not warranted particularly concerning the welfare of children.  It is a crapshoot whether the Judge authorizes a continuance.

Divorce and custody issues are a marathon and should be expected to drag out in most instances unfortunately. However, he can file a Motion for Temporeay relief seeking a temporary resolution.