Saturday, November 22, 2014

I am in the divorce process and have an attorney. However, I am finding that my attorney does not seem to care about me or my case at all. I...

Question

I am in the divorce process and have an attorney. However, I am finding that my attorney does not seem to care about me or my case at all. I feel that this person is giving me bad advice and just wants for my case to be over.

There is a 6 year old little girl that is involved in this case. She has not seen her father(my husband) in about 3 years and now he has decided that he wants to get her every other weekend. Being that he has not seen her in several years, I feel like there should be a reintroduction period for a month. However, my divorce attorney keeps telling me that I am not right and that a judge will not care about the situation...

My questions are:

Am I wrong to want a reintroduction period before she is to start overnights with her father?

Do I have the right to tell my attorney that I do not agree with anything she is saying?

Do I have the right to tell my attorney that she is working for ME and that I do not feel that she even cares?



Answer

If the father hasn't had any visitation for over a year, let alone 3 years, common sense should require at least a one month reintroduction period. Your attorney works for you. If your attorney is not working in your best interest, then fire him/her. Before taking such a step, it would be prudent to consult with another experienced family law attorney, and have a substitute attorney ready to assume representation. The only reason that comes to mind that there would be no significant reintroduction period is if you had a history of attempting to keep the father from the child. Even then, as it would be in the child's best interest, a reintroduction period would be appropriate.



Answer

You have to have a good rapport with your attorney and if you do not then you should switch.



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