I am seeking some legal advice on my sister’s custody case. Her husband(not sure if he has filed for divorce) has temporary full custody with supervision order in place. My sister will be subpoenaed soon the next hearing is in Feb. I was told her husband was going to seek full custody. She is currently in a 6 month rehab program. Can she ask for an extension until she’s completed the program? Does she need to appear? Will the court take a written statement? If so, what should she address?
First of all, it’s very important to determine what type of case this is, as a juvenile dependency case is very different than a divorce case. I’m also not sure what you mean by subpoenaed, as parties to an action might be served with paperwork but not subpoenaed to appear in court on either type of case.
Assuming that this is a divorce case, your sister can ask for an extension, but it’s formally called a continuance. Every county has different specific rules for how to request a continuance, so it would be easiest for your sister to contact her husband’s attorney to see if there is an agreement to continue the case to a date after she exits rehab.
Every county has different specific rules for how to request a continuance, so it would be easiest for your sister to contact her husband’s attorney to see if there is an agreement to continue the case to a date after she exits rehab. Continuing a hearing by agreement is much easier than trying to do it over the other party’s objection. Understand though, that extending the court date means that the temporary custody orders will remain in place.
Again, assuming that this is a divorce case, she would not be permitted to simply file a document with the court in lieu of appearing. She can, however, apply to appear by telephone in many counties.
Good luck to your sister as she continues through her rehab program. I think it’s wonderful that she’s being serious about getting sober and becoming the best mom possible. She has a long and difficult road ahead of her in regaining custody of her children, but if she sticks with it and complies with the court order, I’m sure they’ll be reunited.
This is a custody case. He said he is going to ask for full custody at the next hearing in Feb. He has no lawyer. He was able to obtain temp full custody with supervision this past Nov. I just received the order this past weekend. I am listed as a supervisor but was just told this.
Also, his girlfriend has asked me to verify the rehab facility name and address? She said she was going to subpoena my sister to appear to the next hearing. Should I provide her with the info she is requesting?
Can my sister appoint me to be her legal representative? Like be her legal power of attorney so I can do all this on her behalf
Suppose my sister doesn’t contest anything now. What are her chances of getting things changed in the future once she’s completed rehab?
As I mentioned before, you really need to figure out what kind of case this is. Divorce and juvenile dependency both involve custody. That is the number one issue that you need to resolve before you can do anything else. I have no idea what the girlfriend would be subpoenaing, so I’m going to assume that she is misusing the word and instead means serving. Additionally, since I have no idea what the girlfriend might be serving, I don’t know if it helps or hurts that your sister is unable to be served.
I’m assuming that you’re not an attorney licensed to practice in California, so you will not be able to represent her.
As for her odds of getting any kind of custody when she completes rehab, I personally would not advise anybody to just not show up at a hearing. It’s important for the court to know that she is going to participate in the case when available, and additionally, it’s important that the orders remain temporary in nature.
This is a message from the girlfriend. It’s not a divorce case. The hearing is to give her a second chance to appear if she wants to challenge the judge’s decision regarding custody and visitation, since she wasn’t present at the first hearing. She can request another hearing at any future date when she feels equipped to do so, this hearing is about shifting the current custody order from temporary/emergency to a standing order.
The girlfriend is asking me for the address and name of facility so she can serve my sister the paper work. Should I respond?
It’s up to you. I don’t know what type of case it is, so I cannot help you any further.
It is a child custody case.