Can my soon to be ex husband postpone our 1st custody hearing?

Question

we go to court on sept.8th. and he hasnt picked up his papers yet.

Answer 1

yes. mine did several times.

and there is no time frame, they can show up to court and still request and be granted an "extension".

no, you cant avoid it. i know, it sucks, mine dragged it on and on and on. eventually the judge wont grant it, but if theres good cause or his lawyer has conflict of cases it can be extended several times.

Answer 2

Probably...if he asks soon enough. Everything can be put off

Answer 3

I don't get "picked up his papers" Wasn't he served?

  

How to get or change a court order for custody or visitation

To get or change a court order for custody or visitation, you must file forms at the Clerk’s Office. The forms you need depend on your situation.

If you:

Are married to the other parent:

File a divorce or legal separation or a Petition for Custody and Support of Minor Children

Are not married to the other parent:

File a parentage action

Are not the biological parent and there is no existing Family Court file about the children:

Talk to a lawyer. You may be able to file to start a guardianship case with the Probate Court

Are not a biological parent and there is a Family Court file for the Family:

See a lawyer or the Self-Service Center to see if you can join into that action. If there is no Family Court file, you may have to file to start a Guardianship case. See the Probate section of this website for information on Action for Guardianship.

Have an existing Department of Child Support Services (DCSS) case and paternity is established for the child(ren):

See a lawyer or Family Law Facilitator or Self-Service Center to start a parentage case to ask for custody and visitation orders or to see if you can file in the DCSS case.

Have an existing case, file papers to ask the court to change (or modify) court orders. It does not matter how old your case is.

Are filing to ask for a Restraining Order to protect you from domestic violence, you can also ask for custody and visitation orders. You cannot file to change orders in a restraining order case unless you filed the restraining order papers in a case to establish parentage or divorce/legal separation.

The law says parents who do not agree on custody or visitation MUST go to mediation. Call Family Court Services to schedule Parent Orientation and Mediation.

Answer 4

yes. Any lawyer can do it. All they have to say is they need more time to prepare for the case.

Answer 5

I am sure there is a time frame involved so if he does in time then he will probably be able to

Answer 6

Depends on how good of a lawyer she has! LOL Sorry, everytime i hire a lawyer to get back custody etc he says man it will be quck and it ends up being over a 18 months before it was finished. Hint, it might not be even just her doings....Lawyers change dates like they do there undies.

Answer 7

all he has to do is ask for an extension.