What Is a Continuance in Family Court, and What Does It Really Cost You?

What a continuance is

A continuance is a postponement of a scheduled court date. Either parent can ask for one, both parents can agree to one, and in some situations the judge can move the date on their own, for example when the court's calendar is overloaded.

How you ask for a continuance varies by state and sometimes by county. Some courts accept a written request or a joint agreement signed by both parents, while others expect a formal motion or a request made in person at the hearing. Courts also have their own expectations about how far in advance you need to ask. Check your state's guide and your local court's rules before you assume a particular method will work.

Why courts grant or deny continuances

Judges generally want cases to move forward, so a continuance is usually not automatic. Courts tend to look for a real reason, such as a medical emergency, a scheduling conflict that could not be avoided, missing documents or evidence that are on their way, or the need for more time to find or consult an attorney.

Requests are more likely to be denied when they come at the last minute, when the same person has already asked for several delays, or when a delay would hurt the children or the other parent. If the other parent objects, the judge will usually weigh both sides. Because the standards and procedures differ from place to place, the safest approach is to ask as early as you can and explain your reason clearly and honestly.

The hidden costs of a delay

The most obvious cost is time. Family court calendars are often busy, so a new date may be weeks or months away. During that time, whatever orders are currently in place, or the lack of any orders, usually stays the same. If you are hoping to change a custody schedule or support amount, a delay means living with the current arrangement longer.

There can also be financial costs. If you have an attorney, preparing for a hearing twice can mean paying for that preparation twice. You may lose additional days of work, pay again for childcare or travel, or need to re-serve papers in some situations. In some courts, a judge may order the person who caused an unnecessary delay to cover some of the other side's costs, though whether and how that happens varies by state.

Finally, there are practical and strategic costs. Witnesses may become unavailable, memories fade, and documents like financial statements may need to be updated before the new date. A pattern of delays can also affect how a judge views a parent's seriousness about the case. On the other hand, walking into a hearing badly unprepared can cost you more than a short postponement would, so it is a real tradeoff.

What to do if you need one, or the other parent asks for one

If you need more time, decide as early as possible, put your reason in writing, and gather any proof that supports it, such as a doctor's note or a letter showing a conflict. Consider asking the other parent whether they will agree, since an agreed request is often simpler. Even if you expect the court to approve your request, do not skip the original court date unless you have confirmation the date has actually been moved.

If the other parent asks for a continuance, you can usually agree or object. Think about whether the delay affects your children's stability, your finances, or any urgent issue in the case, and be ready to explain that to the judge. Keep preparing as if the hearing will go forward until you know otherwise. This is general information, not legal advice, and Onbello is not a law firm. Check your state's guide for the specific rules where your case is filed.