Emergency Custody Hearing-SC Please help me!

[SCMommy78]

Wow! My attorney said anywhere from today to 2-3 days. Well my ex leaves the state Thursday so I guess that means the little one stays with mommy!

I really hope we can have an agreement eventually and stop this foolishness! I would rather save my money for my child's college education than spend it on an attorney.

 

[CSO286]

Wow! My attorney said anywhere from today to 2-3 days. Well my ex leaves the state Thursday so I guess that means the little one stays with mommy!

I really hope we can have an agreement eventually and stop this foolishness! I would rather save my money for my child's college education than spend it on an attorney.

Could be different IRT to an emergency hearing....they are generally much quicker. >1 week.

Sorry..I did miss the "emergency hearing" part.

 

[LdiJ]

Wow! My attorney said anywhere from today to 2-3 days. Well my ex leaves the state Thursday so I guess that means the little one stays with mommy!

I really hope we can have an agreement eventually and stop this foolishness! I would rather save my money for my child's college education than spend it on an attorney.

Was it made clear to the judge that dad is moving out of state on Thursday?

 

[SCMommy78]

Yes...he knows he's leaving tomorrow. I am to assume he'll try to make a judgement before then. But who knows!

I think the judge knows that this was not an emergency situation. After my ex's attorney made his argument about how my child was in danger, my lawyer addressed all of the issues he brought up and proved them false. My ex's lawyer during his rebuttal told the judge that they never wanted to do the hearing and all they wanted was mediation yet they were the ones that filed. It looked very bad on their part...especially when he kept referring to my husband by the wrong name! I would have gladly gone to mediation!

I don't know if this is ok or not but I wanted to ask a related question but not about the emergency hearing. During our hearing my ex's lawyer said he wants a full trial with discovery and GAL. My attorney spoke to our previous GAL and she agreed to work our case again since she was on our case for 2 years. My ex's lawyer opposed and is insisting we hire a new GAL. His only reason for choosing a new GAL was that we needed a "fresh look" into our case. I am positive that this will absolutely no difference. This is going to cost thousands of dollars because they are going to have to look through 2.5 years of paperwork to catch up. What do you think will happen here? Will we have to bite the bullet and just start over with a new GAL because my ex's attorney thinks it will benefit them?

 

[mistoffolees]

Yes...he knows he's leaving tomorrow. I am to assume he'll try to make a judgement before then. But who knows!

I think the judge knows that this was not an emergency situation. After my ex's attorney made his argument about how my child was in danger, my lawyer addressed all of the issues he brought up and proved them false. My ex's lawyer during his rebuttal told the judge that they never wanted to do the hearing and all they wanted was mediation yet they were the ones that filed. It looked very bad on their part...especially when he kept referring to my husband by the wrong name! I would have gladly gone to mediation!

I don't know if this is ok or not but I wanted to ask a related question but not about the emergency hearing. During our hearing my ex's lawyer said he wants a full trial with discovery and GAL. My attorney spoke to our previous GAL and she agreed to work our case again since she was on our case for 2 years. My ex's lawyer opposed and is insisting we hire a new GAL. His only reason for choosing a new GAL was that we needed a "fresh look" into our case. I am positive that this will absolutely no difference. This is going to cost thousands of dollars because they are going to have to look through 2.5 years of paperwork to catch up. What do you think will happen here? Will we have to bite the bullet and just start over with a new GAL because my ex's attorney thinks it will benefit them?

IN GENERAL, once there's a GAL on the case, the court would prefer that the same GAL stick with it - unless there's some pretty strong reason to change. "we want someone different because we don't like the answer we got last time" is not a sufficient reason.

OTOH, the judge may be willing to go with it on request to avoid any appearance of bias.

That one's impossible to call. It's entirely up to the judge's discretion, so your attorney would be the best one to ask. If it were me, I'd say "we're comfortable with any GAL, but since ex is the one asking for a new GAL, he should pay the full cost."

 

[SCMommy78]

Now that you mention it, my attorney did ask he pay the GAL fees. If he wants to pay a few thousand dollars for a new GAL I dont care. But the answer is still going to be the same for them.

 

[SCMommy78]

Finally received judgement for emergency hearing!

I received my judgement for my emergency hearing today and it read as follows:

I am requesting Attorney **** (my attorney) to prepare a temporary order

1. Plaintiff's request for emergency relief is denied (My ex is plaintiff)
2. Parties must comply with mediation requests of existing order
3. Request for GAL held in abeyance pending mediation
4. Plaintiff shall pay $2500 of defendants attorney fees with the balance to be addressed in mediation. The fees shall be paid within ten (10) days of service of this order.


So it looks like everything went my way! Hopefully we'll have a good mediator that will be able to keep it out of court. Although I feel that he'll push for a full blown trial. But it's a small victory for now! Thanks everyone for the advice!