Legal Question in Family Law in Georgia

Can a judge make someone proceed in a child custody hearing without their lawyer if the lawyer is en route?

My friend was at an emergency court hearing in which her ex was trying to get custody of the child. She is represented by an attorney, who was running late, but the judge made her proceed without her lawyer?? Is this legal? Also, this judge seems to have a blatant bias against her, can you ask for a new judge?

I should also add this same judge let her ex postpone a hearing when his lawyer did not show up previously.


Asked on 2/28/12, 12:32 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Your friend needs to discuss these issues and her case with her lawyer.

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Answered on 2/28/12, 12:35 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

These are things your friend needs to discuss with her attorney.

Lawyers can't just run late. There are procedures for lawyers to follow when there are conflicts with other cases, emergencies or delays, and while many judges are understanding of those situation, a lawyer's falure to appear does not always warrant a delay.

Her lawyer knows the facts in this particular case and whether there is a remedy.

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Answered on 2/28/12, 12:50 pm


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