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help, should we change lawyers in the middle of a custody battle?

angel27229's picture

Submitted by angel27229 on Thu, 03/25/2010 - 10:21pm

our lawyer is very very very nice, but he is not doing what is being asked. while my husband is asking for crazy demands (only b/c he is very angry) the lawyer keeps telling us that we will be okay and there is no way a judge is going to give the mother 50/50 custody. i am really nervous about it, and i feel that the lawyer is not being aggressive enough. everything we have asked for we have had to compromise. I am all about compromise if it is going to benefit the child, but SS10 being with his mother 50/50 will not benefit him, only harm him.

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folkmom's picture

Submitted by folkmom on Fri, 03/26/2010 - 7:17am

you cannot be complacent. you must TELL the lawyer exactly what you want. the lawyer works for you.

bellamama's picture

Submitted by bellamama on Fri, 03/26/2010 - 9:37am

I agree. We've been in court for 2 1/2 years and have learned that you need your lawyer to know exactly what you want. That being said, every attorney is different and their personalities are a factor. You are lucky if you have an attorney who knows the jugdes well enough to know if you will get what you want. You always want to appear fair and reasonable to the judge.

That being said, you may want to contact your county to see if they have a free legal clinic you could go to to get a second opinion. Meeting with a different attorney will cost you but many lawyers offer their services once per month for free through these clinics offered by the county. It's worth a call to see if that is available to you.

JustAnotherSM's picture

Submitted by JustAnotherSM on Fri, 03/26/2010 - 9:54am

If your lawyer is not serving your purposes, then yes hire another lawyer. The new lawyer can ask the judge to postpone any hearings for additional time to get familiar with the case. I agree with the other posts. Your lawyer should be working for you, not trying to please the judge or take the easy way out. My DH had to get a bit rude with our attorney b/c he was also being complacent. Now, the lawyer understands exactly what what DH wants and what he is willing to compromise during the court battle. Best of luck to you!