Re: Child Wishing to Change Custody
First, I do not want to second guess your attorney or your children's attorney.
Your attorney obviously has more information at hand than I and should have a strategy for
your case. So, you should inquire as to what your attorney is planning. Remember that
most domestic legal work bills by the hour so it is to your financial benefit to keep this
call as short as possible (but, for your mental well being, you need to be informed). Your attorney
is required to keep you reasonably informed about your case, progress, and strategy.
Now to the substance of your question. Since a hearing was requested 05/00 and, prior to this, the required
mediation was pursued, a motion to answer the request for hearing should be submitted. The motion for an answer
to the requested hearing should include copies of the requested hearing (i.e., the 05/00 demand for hearing) and
should include either a statement by the attorney that the mediation requirement was fulfilled or a copy of the mediation
disposition brief. The motion should include a request to docket the case as a priority...in Maryland there is a specific
form to accomplish this objective. Your children's attorney should also be motioning for the same (i.e., a judicial
review of the demand for a hearing). Your attorney, your children's attorney, and quite possibly your husband's attorney should
be demanding disposition on the request for hearing made on 05/00 and these requests should be cross-referenced within each other to assist the
court administrator.
Now, there is a question. If mediation never addressed custody and the matter has never been adjudicated in court, how is it that you say, "The children
are due to go back to Dad on 08/2001"? Is this by a custody agreement? If this is the case then you have other actions that may accomplish your goal. You
could try to negotiate a modification with your ex-husband, either directly or through your respective attorneys. Or, you could file for a modification of custody.
Questions exist of what exactly has occurred and why the 05/00 demand for hearing went unanswered. There is a chance that an adminstrative error has occurred and
your hearing was not docketed as a result. Other questions exist regarding the mediation and why it did not address custody. You could re-enter mediation and insist that
the matter of custody be addressed. Another aspect, although not central to your current issue, is whether the mediator breached his/her contract with you or has performed
in an insufficient manner with regard to domestic mediation requirements in your State.
DISCLAIMER: Nothing in this correspondence is intended to be legal advice and no inference thereof should be taken. Consult with your attorney for legal advice. If you are displeased with the service of your current attorney, seek advice from another attorney. If you
do not have an attorney, you should obtain one.
