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When to Expect a Hearing on a Custody Case

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  • 07-30-2015, 04:53 PM
    pwiley
    When to Expect a Hearing on a Custody Case
    My questions involves a child custody case from the State of: South Carolina

    My question relates to a custody case involving my son, who lives in Maine and fathered a son while the mother lived in our home. There was a history of prescription drug and alcohol abuse. Girlfriend moved to So. Carolina to be with her parents and get help with addictions. She unexpectedly passed away in February from an overdose...leaving the care of their son with her parents. My son immediately drove to SC to get custody. He retained attorney while there.

    Visitation were arranged for and paid for by my son. Paternity test showed he was father. His name is on birth certificate. Guardian ad listen involved...did phone interviews, reviewed medical records and other pertinent documents. Son went back down to SC as he was told GAL only has few more days to finish report. This was end of May. It is now end of July. Son has called his SC attorney many times....with no return call. No text..no letter..no email as to where things stand. What could the hold up be now? When can we expect a hearing? Thank you.

    Filed in February following death of son's mother. Grandparents also filed for temporary custody.
  • 07-30-2015, 06:35 PM
    Dogmatique
    Re: What Next How Long Does It Take
    Has your son checked the docket online (if it is actually available online)?

    The GAL was still indicating that the child should be with Dad, yes?

    He needs to really start hunting down his attorney, and make sure all the facts are correct - I would hate to see the grandparents pull a fast one because of a minor error or something. If the court doesn't have it online, he might need a trip to the courthouse.
  • 07-31-2015, 03:27 AM
    pwiley
    Re: What Next How Long Does It Take
    Yes, when son met with GAL at end of May she stated that when grandparents hear her report she doubted they would go any further. They talked about pediatricians, etc now it is stalled. What kind of leverage do we use to get some answers from lawyer. We are really at her mercy. It is now Friday. Nothing will get done over weekend. I feel we are losing are grip on getting custody.
  • 07-31-2015, 01:47 PM
    Dogmatique
    Re: What Next How Long Does It Take
    Unfortunately nobody can force the lawyer to return calls. At least not in the timeline you have.

    Is the attorney out sick? Vacation? Disbarred? Does she work alone or as part of a firm? There's absolutely no other way of contacting her?

    Has he contacted the GAL?
  • 07-31-2015, 05:02 PM
    pwiley
    Re: When to Expect a Hearing on a Custody Case
    Both attorneys have associates in their practices. I called family court and was told the case was confidential and no info could be released. I sent email to both attorneys on Wednesday...no reply. Son called GAL today and left message...no reply. WHAT WOULD YOU DO? This waiting and not knowing is making us irritable and sick. Mother is deceased....father wants to raise. How hard can it be??
  • 07-31-2015, 05:48 PM
    wess1881
    Re: When to Expect a Hearing on a Custody Case
    Quote:

    Quoting pwiley
    View Post
    Both attorneys have associates in their practices. I called family court and was told the case was confidential and no info could be released. I sent email to both attorneys on Wednesday...no reply. Son called GAL today and left message...no reply. WHAT WOULD YOU DO? This waiting and not knowing is making us irritable and sick. Mother is deceased....father wants to raise. How hard can it be??

    Did your son call the court?
  • 07-31-2015, 05:58 PM
    pwiley
    Re: When to Expect a Hearing on a Custody Case
    Did not realize you could do that. What do you say? Just tell them it has been since February and how much longer we could expect before hearing date? Will this anger attorney?
  • 07-31-2015, 06:19 PM
    Mercy&Grace
    Re: When to Expect a Hearing on a Custody Case
    The attorney hasn't responded to any of your sons attempts to communicate with.him about this case and you're concerned about making.the attorney mad? The attorney doesn't have any way of knowing who calls to check on a case unless he has.someone at the court house that is friends with him and calls him
  • 07-31-2015, 06:19 PM
    Dogmatique
    Re: When to Expect a Hearing on a Custody Case
    Quote:

    Quoting pwiley
    View Post
    Did not realize you could do that. What do you say? Just tell them it has been since February and how much longer we could expect before hearing date? Will this anger attorney?

    He can as if there's anything scheduled (again assuming the court doesn't have the docket info online).

    You calling won't make anything happen, since you're not actually a party to the case.
  • 08-01-2015, 12:10 PM
    pwiley
    Re: When to Expect a Hearing on a Custody Case
    The clerk court said even with positive ID no info to be given. Would it be inappropriate to call and leave message the office of the family law judge that was at the first hearing? She seemed irritated with the lawyers when if took so long to get supervised visitation and said my son did not seem to pose a threat.....or perhaps a letter? I will have son make these calls. I am writing these threads for my own sanity.
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