Friday, July 4, 2014

How many times can a child custody trial be postponed/adjourned? This is getting ridiculous.

Q: My ex and I have been fighting for custody of our child in family court for over a year. My ex keeps coming up with excuses to delay the trial (has done it multiple times already) and I am wasting so much money on legal fees because of it (wasted appearances, etc.). At what point will a judge stop adjourning the trial? Is there a limit to how long this can go on? And is there a way to ask for legal fees at some point (not a divorce - just custody...we never got married). Thanks!

A: If your case has already been going on for a year, then you're getting to that point where the Judge should have a "put up or shut up" moment with her. Generally custody cases have about 3-5 pre-trial hearing dates before a trial begins. That said, counsel fees are usually only awarded if the opposing party has far greater income than you.  -- David Bliven, Bronx Child Custody lawyer (

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