Can we delay a custody hearing until my son's new attorney returns?

Full question:

My son's attorney just withdrew from his case because he said we have no confidence in him. He's right. This is a custody situation and the other side has called a court hearing. The problem is the attorney who my son wants to hire ( she has verbally agreed to take the case) is out of town for another 3 weeks or so. The hearing will take place before she returns. We really want her services. Can we have the hearing delayed until she returns? What do we need to do?Thank you,M

Answer:

The ability to delay a court hearing depends on the specific circumstances of your case. In Utah, you can request a continuance of a court hearing under the Utah Rules of Civil Procedure. According to Rule 40:

  • The court may postpone a trial for good cause.
  • You must submit a Request for Continuance to the court at least five calendar days before the hearing.
  • The Court Clerk can grant a continuance of up to 45 calendar days, but a longer delay requires a judge's approval.
  • Each side is allowed only one continuance from the Court Clerk.

To proceed, fill out the Request for Continuance form available at the court and submit it as soon as possible.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When an attorney withdraws from a case, they must formally notify the court and their client. This can happen for various reasons, such as a breakdown in communication or a conflict of interest. The client may need to find a new attorney to represent them. The court may also need to reschedule hearings or deadlines to accommodate the change in representation.