I originally was going to represent myself in an OSC hearing for Modification of child support and visitation but now I want to retain an attorney. Would a lawyer even take my case on such a short notice? Hearing is set for Nov. 26th and I was the one that got served. I haven't filed a response. I made the mistake of thinking that I would be able to do it myself
November 8th is your filing deadline--that is 9 COURT days before your hearing (taking into consideration court holidays). That means you don't have a lot of time to hire an attorney and file a Responsive Declaration.
Depending on the opposing counsel and the judge, you may request a continuance so you and your attorney can prepare your case better. I suggest that you keep your Conciliation Court appointment (mediation), because if you can agree to the custody and visitation issues in mediation, that may be a better way to resolve things.
With regard to child support, it will be relatively easy to determine what "guideline" child support should be once the timeshare is established pursuant to a custody and visitation schedule (and you may not need to go to court if the opposing counsel will stipulate to a support amount based on each party's Income and Expense Declaration).
Until you are able to hire an attorney, please begin educating yourself on the law--your conversations with your attorney will make that much more sense. I am including links below which may be of some help. Good luck.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.
Divorce / Separation Lawyer
If an attorney's schedule is free, three weeks notice for an OSC hearing is plenty.
Make sure that if you are waiting to find out that you do not miss the response deadline. File that on your own if needed.
Call your county bar association attorney referral line.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents. My firm is All for the Family Legal Clinic, Inc. a nonprofit public benefit corporation that charges on a sliding scale based on income and family size. For a consultation contact us 510-999-7732 or at our website www.allforthefamilylegalclinic.org
Family Law Attorney
Possibly, It'll depend on what issues are being heard, how crowded that judge's calendar is on that day, and whether you've got all the documents lined up so an attorney can "jump on the horse" without too much trouble or expense. Speak to an EXPERIENCED attorney as soon as possible, AND IF NECESSARY, PAY FOR A CONSULTATION if you find one with appropriate experience. DON'T WAIT.