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 (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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