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Postpone court dates

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Nappeal

Junior Member
What is the name of your state (only U.S. law)? COLORADO

My ex-husband is looking to start preceedings soon to gain full custody of our 2 kids. I want to fight any court proceedings, however I am currently 6 months pregnant; I am finding this situation extremely stressul on myself and my unborn, and I'm having difficulty making decisions without irrational emotions. I'd like to file a motion of some sort regquesting that he not be allowed to file any legal paperwork against me until my baby is born. Can this be done? I'd like to wait until after my maternity-leave from work is up, and I do plan on retaining a lawyer before then if I get get it held off. He is just in a rush to get it done the first 2 weeks of August, which I believe is because he will be getting remarried towards the end, so I need help ASAP. He has not, to my knowledge, filed anything yet. If it is possible for myself to get every thing postponed, should I file something before he has a chance or wait until he does actually take me to court & ask the judge then to agree to a continuance?What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? COLORADO

My ex-husband is looking to start preceedings soon to gain full custody of our 2 kids. I want to fight any court proceedings, however I am currently 6 months pregnant; I am finding this situation extremely stressul on myself and my unborn, and I'm having difficulty making decisions without irrational emotions. I'd like to file a motion of some sort regquesting that he not be allowed to file any legal paperwork against me until my baby is born. Can this be done? I'd like to wait until after my maternity-leave from work is up, and I do plan on retaining a lawyer before then if I get get it held off. He is just in a rush to get it done the first 2 weeks of August, which I believe is because he will be getting remarried towards the end, so I need help ASAP. He has not, to my knowledge, filed anything yet. If it is possible for myself to get every thing postponed, should I file something before he has a chance or wait until he does actually take me to court & ask the judge then to agree to a continuance?What is the name of your state (only U.S. law)?

I doubt your pregnancy is a good enough reason to request a continuance if he files something; he has every right to file first thing tomorrow morning if he wishes to.

Now if you're actually disabled - as in, on complete bed rest under doctor's orders - that might be a reason to request a continuance.

How long is your maternity leave going to last?

What's YOUR preferred schedule?
 

nextwife

Senior Member
Is the child you are expecting HIS child?

Looking for the Pregnant Woman's version of the Soldiers and Sailors Act? If a woman gets herself pregnant, a father should lose the right to pursue legal action until she's all done with her pregnancy and maternity leave? Father's legal rights should go on hold until mom is good and ready?

And if she's on bed rest, she could request to appear telephonically.
 

Proserpina

Senior Member
Is the child you are expecting HIS child?

Looking for the Pregnant Woman's version of the Soldiers and Sailors Act? If a woman gets herself pregnant, a father should lose the right to pursue legal action until she's all done with her pregnancy and maternity leave? Father's legal rights should go on hold until mom is good and ready?

And if she's on bed rest, she could request to appear telephonically.


I know, I know....

..but I'm on my bestest behavior at the moment and really didn't want to inject the amount of "rolly eyes" I thought were perhaps deserved ;)
 
What is the name of your state (only U.S. law)? COLORADO

My ex-husband is looking to start preceedings soon to gain full custody of our 2 kids. I want to fight any court proceedings, however I am currently 6 months pregnant; I am finding this situation extremely stressul on myself and my unborn, and I'm having difficulty making decisions without irrational emotions. I'd like to file a motion of some sort regquesting that he not be allowed to file any legal paperwork against me until my baby is born. Can this be done? I'd like to wait until after my maternity-leave from work is up, and I do plan on retaining a lawyer before then if I get get it held off. He is just in a rush to get it done the first 2 weeks of August, which I believe is because he will be getting remarried towards the end, so I need help ASAP. He has not, to my knowledge, filed anything yet. If it is possible for myself to get every thing postponed, should I file something before he has a chance or wait until he does actually take me to court & ask the judge then to agree to a continuance?What is the name of your state (only U.S. law)?
I'd be careful using the bolded as a reason to postpone court proceedings, especially the "difficulty making decisions" and "irrational" part.

Your argument could be a double-edged sword in that you might get the court proceeding postponed but you might just also argue your way into "I'm such an irrational wreck the other children don't need to be in my custody right now either.

I'm also curious as to what reason/change of circumstances dad wants to file for custody are....
 

Proserpina

Senior Member
I'd be careful using the bolded as a reason to postpone court proceedings, especially the "difficulty making decisions" and "irrational" part.

Your argument could be a double-edged sword in that you might get the court proceeding postponed but you might just also argue your way into "I'm such an irrational wreck the other children don't need to be in my custody right now either.

I'm also curious as to what reason/change of circumstances dad wants to file for custody are....


That is an EXCELLENT point!
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? COLORADO

My ex-husband is looking to start preceedings soon to gain full custody of our 2 kids. I want to fight any court proceedings, however I am currently 6 months pregnant; I am finding this situation extremely stressul on myself and my unborn, and I'm having difficulty making decisions without irrational emotions. I'd like to file a motion of some sort regquesting that he not be allowed to file any legal paperwork against me until my baby is born. Can this be done? I'd like to wait until after my maternity-leave from work is up, and I do plan on retaining a lawyer before then if I get get it held off. He is just in a rush to get it done the first 2 weeks of August, which I believe is because he will be getting remarried towards the end, so I need help ASAP. He has not, to my knowledge, filed anything yet. If it is possible for myself to get every thing postponed, should I file something before he has a chance or wait until he does actually take me to court & ask the judge then to agree to a continuance?What is the name of your state (only U.S. law)?
Depending on the pace of your courts in CO, unless dad has something to base emergency orders on, its quite possible that you would not get a hearing date until after your baby is born.

Dad chances (without a valid emergency) of getting anything done by august are slim to none.
 

Nappeal

Junior Member
No, this isn't his child...I truly believe this motion is out of 'punishment' for getting pregnant by someone else although I obviously can't prove that.

Thank you for bringing up the 'irrational emotions' suggestions as he doesn't need anymore false ammo againts me. That was something I didn't think of but its very true.

I totally understand that pregnancy isn't quite a reason to hold any court proceedings, but, if an overabundance of stress can/will cause premature birth or fetal demise, couldn't that be considered 'irreprensable damage' (sp?)?
 

Proserpina

Senior Member
No, this isn't his child...I truly believe this motion is out of 'punishment' for getting pregnant by someone else although I obviously can't prove that.

Thank you for bringing up the 'irrational emotions' suggestions as he doesn't need anymore false ammo againts me. That was something I didn't think of but its very true.

I totally understand that pregnancy isn't quite a reason to hold any court proceedings, but, if an overabundance of stress can/will cause premature birth or fetal demise, couldn't that be considered 'irreprensable damage' (sp?)?


There are so many things you can do to alleviate stress during pregnancy and trust me, it would be virtually impossible to prove that your ex is the cause of any adverse event related to your pregnancy unless he actually punches you in the stomach, abuses you etc.

Sorry - but no. Stress isn't going to do it.
 

LdiJ

Senior Member
There are so many things you can do to alleviate stress during pregnancy and trust me, it would be virtually impossible to prove that your ex is the cause of any adverse event related to your pregnancy unless he actually punches you in the stomach, abuses you etc.

Sorry - but no. Stress isn't going to do it.
I agree...however, again I would like to repeat that even if dad filed something today, the odds of him getting a court date before the baby is born (unless your courts are really, really fast) are slim.

You might have a preliminary date, where you get ordered to mediation or a GAL gets ordered before the baby is born, but a full blown hearing is very unlikely to take place before then.
 

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