If I reshedule my custody hearing court date, will that hurt my case? 7 Answers as of December 20, 2010

I am a father and I have legal custody of my girls. Yesterday my spouse did not show to court becuase she had to reschedule. She does not work, but I do. If i miss my custody hearing, and I reschedule for the following week, is that bad for my case?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You must reschedule before the hearing or it will hurt your case.
Answer Applies to: California
Replied: 12/20/2010
Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
No, it will not hurt your case.
Answer Applies to: California
Replied: 12/18/2010
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You said yesterday. You should never miss a Hearing. Obviously, if you show up and she does not, it would be better for you. It goes without saying. Do not continue your case to a date on which you are unavailable. Do not snatch defeat from the jaws of victory.
Answer Applies to: California
Replied: 12/18/2010
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Rescheduling a court date will not hurt you, however if you no-show for mediation and/or a court appearance, that can definitely have a negative impact on your case. If you cannot attend the upcoming hearing, seek a continuance of your hearing to a date that works for both of you.
Answer Applies to: California
Replied: 12/17/2010
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Do not miss a hearing.

Any time a party doesn't show up for a hearing,the hearing could go forward without that party's participation, possibly or likely causing a result adverse to that party.

Whether or not a hearing gets continued based upon a party's unavailability (or supposed unavailability)can depend on what facts are presented to the Judicial Officer, how and when, whether there has been a prior continuance of the hearing, the reason given for seeking the continuance, whether the parties agree to the continuance, the local rules, and the particular Judicial Officer's policies, practices,discretion and prejudices.

If you seek to continue a hearing, you should contact the Judicial Officer's clerk in advance to inquire about those matters, find out whether the Judicial Officer would continue the hearing if both parties agree to the continuance,how to get the continuance, and what dates the Court has available for the continued hearing. If the Court would allow the continuance and both parties are agreeable, the matter would need to be continued to a date available to the Court and both parties.

Courts usually require a continuance to be arranged in advance so that the Court can control its calendar.

Courts generally require either a Stipulation for Continuance, a Stipulation and Order for Continuance, or a Notice of Continuance to be filed and served, if they will allow the continuance, so make your inquiry first. The Court will likely charge a filing fee for such filing.

Due to calendar congestion, most courts will not reschedule a hearing for the following week - some courts would continue the hearing for months, in which case, if it is your OSC, it may be a good idea to re-file your OSC to get an earlier hearing.

If you need a continuance due to exigent circumstances and the other party refuses, file an Ex Parte Application and have an Ex Parte hearing on the matter in advance of the scheduled OSC hearing so that you will find out whether or not the Court will continue the hearing - Courts don't always grant Ex Parte applications.
Answer Applies to: California
Replied: 12/17/2010
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    It is very bad if you simply do not show up but if you coordinate with the court and the other side, that is fine.
    Answer Applies to: California
    Replied: 12/17/2010
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Getting a continuance for a valid reason does not affect the merits of your case. Just make sure you ask for a continuance in a timely manner, and never simply miss a court date.
    Answer Applies to: California
    Replied: 12/17/2010
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