Continuance - Modification of Custody

[hoosierpapa4]

I originally filed in Indiana a motion for Modification of Custody back in April of 2003.  Opposing counsel has been granted their 4th continuance, and I will now not be able to get into Court until March of 2005.  There are no other judges or magistrates who can hear this cause and this is the earliest date (in my county).  This gives the opposing party an opportunity to "clean up" their act, it doesn't excuse the things that have already happened, but it opens the door to the possibility that the other side will start to do what's required of the Custodial Parent.

1) What options should I be exploring with my atty?

[hoosierpapa4]

I originally filed in Indiana a motion for Modification of Custody back in April of 2003.  Opposing counsel has been granted their 4th continuance, and I will now not be able to get into Court until March of 2005.  There are no other judges or magistrates who can hear this cause and this is the earliest date (in my county).  This gives the opposing party an opportunity to "clean up" their act, it doesn't excuse the things that have already happened, but it opens the door to the possibility that the other side will start to do what's required of the Custodial Parent.

1) What options should I be exploring with my atty?

[socrateaser]

>I originally filed in Indiana a motion for Modification of
>Custody back in April of 2003.  Opposing counsel has been
>granted their 4th continuance, and I will now not be able to
>get into Court until March of 2005.  There are no other judges
>or magistrates who can hear this cause and this is the
>earliest date (in my county).  This gives the opposing party
>an opportunity to "clean up" their act, it doesn't excuse the
>things that have already happened, but it opens the door to
>the possibility that the other side will start to do what's
>required of the Custodial Parent.
>
>1) What options should I be exploring with my atty?

I don't know the facts that were used to find good cause for the last continuance, however, if no reasonable jurist could find good cause and you can show that irreparable harm is being done to the children by abuse of the continuance process, AND, you can afford to write what will almost certainly be a pretty big check, then I would consider an interlocutory appeal to set aside the continuance and move forward with the case on an expidited schedule.

You could also try to convince opposing counsel to agree to have a private judge hear the case and enter a decision. Obviously, your offer would probably be one in which you would bear the cost of the judge, which would be, oh $300-600 per hour.

I would also suggest a possible motion to recuse the judge for bias, but you have stated that no other judge is available, so that's not really gonna get you anywhere, and it will annoy the judge that you already have.

And, of course, there's always the settlement route. I don't remember your case facts, so I can't say which alternatives are better.