Help.. how do I get a continuance in a divorce case?

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Latest post 01-15-2012 1:29 PM by Ford. 4 replies.
  • 01-14-2012 5:06 PM

    • LynnSmith
      Consumer
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    • Joined on 01-14-2012
    • FL
    • Posts 2

    Help.. how do I get a continuance in a divorce case?

    I haven't worked in fifteen years, because I was raising the children.  My husband was military, so he was never home, and really wasn't a father to the children. Anyway, he has not been paying court ordered child support, and now wants the two girls for two weeks of each month.  His girlfriend is a convicted felon for child abuse, three counts of each neglect and abuse.  If I had some time, a continuance, I could save to get an attorney.  And if I take time off from work, I could loose my job.  The organization I recently got hired for, has a large turn over rate, as there is no tolerance for calling in while on probation.  I can hope,  beg, and plead for the day off, but I'd rather skate through probation, then risk termination.  It's a large national corporation with many facilities all over the country.  The judge flatly denined it.  

    Also, I keep seeing that my husband's attorney is writing memo's to the judge frequently, and I am not getting a copy of those memos.  

    I also need to keep health insurance in place, as I am an insulin dependent diabetic and will will loose coverage for the next 90 days.  Any suggestions?  My life is a mess... 

  • 01-14-2012 5:57 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,978

    Re: Help.. how do I get a continuance in a divorce case?

    Keep your job. Follow the order, pick a better time to wage a fight . Don't squander your  options prematurely



  • 01-14-2012 9:08 PM In reply to

    Re: Help.. how do I get a continuance in a divorce case?

    Can you ask that your husband be responsible for your legal fees? You should be able to get respresenation since he has it. His GF being a convicted child abuser is concerning. How old are your kids? I would make sure restrictions are put in the orders that the GF is not allowed to ever be around the children unsupervised. If Dad is dumb enough to live with her, he may have a problem. In the meantime I would be contacting attorneys to see if they would be willing to do some pro bono work because your children are at risk..if Dad is dating a convicted child abuser that is troublesome. You might have some luck finding an attorney pro bono. Alot depends on the age of the kids. As they get into their teen years they have a better chance of sticking up for themselves so it might be hard to get restrictions placed on the GF. Start calling around...do not email. Many lawyers will offer you a free consultation at least talk to them or schedule a phone conference.

    Good luck

  • 01-14-2012 10:57 PM In reply to

    • LynnSmith
      Consumer
    • Not Ranked
    • Joined on 01-14-2012
    • FL
    • Posts 2

    Re: Help.. how do I get a continuance in a divorce case?

    I have asked that he be responsible for my legal fees and it was denied. He isn't paying court ordered child support either.   The Judge was the same that sat on the conviction for the girlfriend of child abuse.  The two of them act like best of friends.  When the Judge got it on record that the gf was a convicted felon, the judge apologized to the woman.  The girls are 12 & 13.  They are afraid of this woman, because of what she says and does around them,  She smacks her cat, says she would of beat another patron at the store if they weren't there.  My husband's attorney is a criminal attorney, not a divorce attorney.  I have called many attorney's but so far no pro bono.  There is a QDRO involved, so you'd think someone would take the case, but no.  I am in the University of Fl. area. 

         I'm at my wits end, and only a few weeks until the final hearing.  At one point, she bought a three inch black lace padded bra for my duaghter at age 11.  The woman used to be a lesbian and seems to almost drool over my one daughter.  

     She has a teen son that brings in his homeboys all the time and they put the girls on a sofa bed in the living room.  Her son is 17 and comes home with the police all the time.  Florida is a reactive state, they do something after the harm is done.  I wish I was someplace else.  

  • 01-15-2012 1:29 PM In reply to

    Re: Help.. how do I get a continuance in a divorce case?

    I think UFlorida has a law school.  Call them and ask about any clinic they might have.  A family law clinic is very common.

    All states are "reactive."  The government isn't there to police our daily lives and tell us how to live.  It is there to punish us after we violate laws.

    Your kids are 12 and 13.  They aren't toddlers.  If they get caught up in something bad, they should know to call 911.

    In my experience, in a differne state, most convictions for child abuse or neglect are "dirty home" situations where children were not actually harmed.

    If you are going to seek a continuance, you should file a motion with the court and serve a copy on the opposing attorney, at a minimum.  Opposing counsel normally should NOT be communicating with the court without giving you a copy of the communication.  In the alternative, the memos should be in the court file and you can get copies.

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