Is it misconduct when your a few minutes late to a hearing and the judge tells you that he already has his order written up

Asked almost 2 years ago - Atlanta, GA

judge took my children based on false allegations by my husband and then took my visitation for contempt charges THAT I HAD MY KIDS UNSUPERVISED WHEN MY HUSBAND DROP THEM OFF TO ME KNOWING NO SUPERVISION WAS THERE AND NOW HE IS LYING

Attorney answers (4)

  1. Answered . The good news is that, in Georgia, visitation can be modified at any time. The bad news is that you will likely be in front of the same Judge. While he did not do anything wrong, he certainly does not look favorably upon you at this time. You need an experienced Family Law attorney to get you through this situation. There may be a way to get the matter heard by a different Judge, simply due to ordinary rules of jurisdiction and venue.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However,... more
  2. Answered . It was misconduct on your part to show up late for court, and you're obviously going to lose when only one side is present (you made a second mistake if you didn't have a lawyer).

    Get a lawyer now and see if you have grounds for modification or a new trial.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. 1

    Lawyer agrees

    Answered . If you're asking whether the judge committed misconduct by writing up an order adverse to you in an uncontested proceeding (which it was, since you weren't there......), then the answer is "no."

    If you're asking whether it's misconduct to misrepresent or lie to a court, as you claim your (ex?)husband has done, well . . . yes. But you need to be able to prove that misconduct in some way in order to allege that he has perjured himself.

    I can be reached at (913) 735-9320. Answers to legal questions are usually fact-dependent; my answers are general... more
  4. 1

    Lawyer agrees

    Answered . It is unclear whether you are asking whether the judge committed misconduct (no) or your husband did. Since you were late to court and the case was heard without you, then you did not have an opportunity to plead your side of the case. Hire a lawyer. Try to seek a reconsideration of the last order. You need to move quickly. You have just learned one reason why it is important to be represented by counsel in complex family law cases.

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