Augusta, GA asked in Child Custody and Family Law for Alabama

Q: What is your honest opinion on my Child Custody Case?!

I need advice. My child’s father filed for custody this summer, DNA is back, & we have a PL hearing in a few weeks. I just hired an attorney. I can’t get a a good clear answer from my lawyer so I wanted to see if anyone can give me their experience on what my chances are to lose my 4 month son. My mother has my other daughters ages 8 and 2 and my other son who is 5. I lost custody through DHR and he is bringing those cases against me. I have probation for a misdemeanor and I have been behind on child support but I have a job and try to pay my fine and child support. The judge issued a GAL who is investigating. So I guess I’m trying to prepare myself for the PL hearing and just want to know if I have a high chance of losing custody. Has any attorney saw a case like this and will be honest with me. My attorney just says “the judge will look at best interest of child.” That’s all I get. I just want someone to be straight with me and say yeah you 90% will lose him or not. Be honest

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
Answered
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: You have hired an attorney which means that attorney works for you. Why did you hire him if you do not trust the advice he has given you or the way he has provided that advice? No one is going to give you certainties or percentages that is not how this works. There are so many factors that go into a child custody determination and so much depends on the beliefs and trends with a particular judge as to what they view as important. Your attorney should be able to discuss the good and bad points of your case and the history of the judge in question. He should be able to lay out a strategy for how he intends to present evidence and argue on your behalf. He works for you and you can demand this kind of discussion. If your attorney is unwilling to have this discussion and treats you like a child rather than someone for whom he works and is accountable you probably have hired the wrong attorney. Demand a refund of your retainer and look elsewhere. No one should go into court with an attorney they do not trust is ready and able to advocate on their behalf or who is willing to have honest conversations with them.

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