Continuance Question

[magtwo]

What is the name of your state (only U.S. law)? UT

My husband had a hearing scheduled for later this month to request Temporary Custody pending a custody evaluation and a reuest for custody modifcation. His ex-wife was order to appear or appoint an atty, which she never did.

She apparently hired an atty this morning, who immediately requested and was granted a continuance of the hearing scheduled for this month.

When a continuance of this nature is granted, does the approving court officer (typically) also set a new date for the continued hearing? Should my husband and his atty be very aggressive or proactive about the rescheduling?

Also, my husband has reason to beleive that his ex will try to use her health as a means to continue this action indefinitely. depending on the nature of the health issue (which is chronic and can be debilitating, but is not acute or fatal), how sympathestic are judges to the parents in this situation, in your experience?

 

[LdiJ]

What is the name of your state (only U.S. law)? UT

My husband had a hearing scheduled for later this month to request Temporary Custody pending a custody evaluation and a reuest for custody modifcation. His ex-wife was order to appear or appoint an atty, which she never did.

She apparently hired an atty this morning, who immediately requested and was granted a continuance of the hearing scheduled for this month.

When a continuance of this nature is granted, does the approving court officer (typically) also set a new date for the continued hearing? Should my husband and his atty be very aggressive or proactive about the rescheduling?

Also, my husband has reason to beleive that his ex will try to use her health as a means to continue this action indefinitely. depending on the nature of the health issue (which is chronic and can be debilitating, but is not acute or fatal), how sympathestic are judges to the parents in this situation, in your experience?

When a judge/magistrate grants a continuance, they are the ones who normally reschedule the court date. I tend to think that it would not bode well for your husband or his attorney to be aggressive on that issue.

However...we have no idea what your husband's situation is, therefore its hard to give advice.

 

[magtwo]

His daughter is not in any iminent danger, but it would be much better for her to have this hearing during the summer while she is with her father. Her mother shares much of the legal issues with her, and having her with her dad would alleviate a great deal of the tension in the days preceding this hearing.

That is the main reason I am asking; simply that it would be better for the little girl to be in ignorance of the case until a decicion has been made by the court.