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Family law cases have all sorts of variables to consider. Before reaching a final decision, there are several important steps that need to be taken. These include preliminary hearings, secondary hearings, private negotiations for settlement agreements, various motions, reviews, and appeals. Before starting a case, it's important to understand the procedural steps and requirements in family law. These factors can greatly affect the outcome.
In the case of Placella v. Placella (2016), the father made a last-minute emergency request for continuance, because of illness and the sudden dismissal of his counsel, and that request was initially denied. In the end, however, he succeeded in obtaining his continuance. How did this happen? Let’s take a closer look at this importance case.
Summary of the Case
The couple in this case agreed to divorce in 2014 and were together for 10 years. The father supposedly struggled with substance abuse and other problems that impacted his ability to fulfill his parental role. The parents originally agreed to a private custody plan. The plan gave primary physical custody to the mother and allowed supervised visitation for the father. The parties agreed that the father will take weekly drug tests to address his drug problem. The father got sick the day before the court hearing and couldn't leave New York. He asked the court for more time because of his situation.
The judge denied this request and then entered a judgment which was disadvantageous to the father. The judge ordered the father nearly $2,000 in monthly child support, and also attorney’s fees of nearly $17,000. The judge granted sole legal and physical custody to the mother, and allowed the father to have supervised visitation once a week. The father appealed this judgment on the basis that his continuance should not have been denied.
Outcome & Discussion
The father's appeal was approved. The appellate court stated that trial court judges have the discretion to grant or deny requests for continuance. In custody cases, it is the general rule to grant reasonable requests for continuance, as custody issues have significant impact on the lives of both parents and children. The appeals court decided that refusing the father's request for a postponement was not right because his request was reasonable. The father was sick and couldn't go to the hearing. He had also dismissed his lawyer, so there was no one to represent him. Given these realities, denying the continuance request was not a reasonable decision by the trial court.
In a situation such as this one, we can see the utility of a capable attorney. If the father had a lawyer who knew this principle, his initial request might have been successful.This would have avoided the need to take things to the reviewing court.
Contact the Murphy Law Firm for More Information
If you would like additional information on continuance requests, or another matter, reach out to one of the leading real estate attorneys at the Murphy Law Firm today by calling 240-219-8963.
Image credit to Cathrine Saether of https://www.advokatsmart.no/
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