I'm currently the respondent in a custody case (pro se) and the other party sent me a letter to notify me that they will be contacting the court to request a date and time for a motions hearing. Above it States it's for pending motions. Sept I was served, Jan the court granted me temporary custody, April they appointed a CFI and ordered other party to pay CFI cost. So far other party has not paid fees and it feels like the court case has been dragging on. I wanted to know what is a motions hearing, what can I expect from this hearing, and why would the other party file this motion? Any help would be greatly appreciated!
It is a REQUIRED notice that needs to be sent out in order to determine the dates that would work for both sides and the amount of time that would be needed to address the extent of the motions. There should be motions that were filed by either the opposing party or yourself that the court needs to address. I hope that you would at least consider consulting with an attorney. As someone who got a divorce himself and regularly handles divorce law, I even hired another family law attorney to help me with the stresses and strains of the divorce process. Everyone needs an independent perspective and some help.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
General Practice Lawyer
I cannot add a single thing to what Mr. Leroi has said but I will push you a little harder in the direction of seeking counsel!! Call Mr. Leroi!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
A notice to set hearing is not a hearing. Under the Colorado Rules of Civil Procedure, litigants are required to notify the other side that they will call the court clerk to schedule a hearing date so that all parties may have input as to the hearing date. There are many rules and deadlines you need to be aware of in a custody case, and I would NOT recommend trying to do it on your own. This is an important issue / you should try to hire an attorney if possible.
DISCLAIMER: This above communication is for general informational purposes only. It does NOT constitute legal advice and SHOULD NOT be used or relied upon as such. Moreover, the above communication does not create an attorney-client relationship between Boal Law Firm and/or Attorney Brian Boal and any other person or entity. Legal representation by Boal Law Firm and/or Attorney Brian Boal is available but shall be set forth specifically in a separate written fee agreement signed by the parties.