Q: Will I finally be given a temp parenting time agreement in the course of a motion for temp assistance filed against me?
I am in an obstructionist and contentious divorce which involves a 13-month-old. This child has been unlawfully withheld from me by the petitioner for the better part of this >7-months process. After 2 lawyers, I've still accomplished nothing - the 1st lawyer nearly refused my repeated requests for a temp parenting agreement, discouraging me from it. Also case was filed in a county we no longer lived in, >100 miles away. The 2nd lawyer was limited scope to change venue, and he felt it worthy of sanctioning both the petitioner and her counsel. This was denied on the basis that it should've been done months ago, when I had also asked this of my 1st lawyer and was discouraged. The judge did agree that the facts warranted it, but still no one will advocate for my daughter or for my fair parenting time. Petitioner has now filed for temp assistance but makes >3x what I do, took *literally* everything from me, even left me homeless but bought herself a new condo. I just want to be a parent.
A: If no one has filed a petition to determine the allocation of parenting time (formerly called custody and visitation) the judge is unlikely to enter an order. If your second attorney was retained just to change venue and is effectively out of the case now, you need another lawyer ASAP.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
