what happens in a custody case if i dont have an attorney?

A lawyer who practices in NY can tell you what the standard is for being awarded custody - probably something like "what is in the best interest of the child." If you are not there, the judge will not hear anything that is in your favor. I don't think custody would automatically go to the other parent, but it would be very likely.

Full Answer

What if I Can’t afford a lawyer for custody?

Feb 03, 2009 · You did not say when your attorney withdrew from the case. In some cases, you may have a time period to object to the withdrawal. You would then request a hearing to determine if the attorney can withdraw. If it is too close to trial, the court may enter an order saying that the withdrawal is prejudicial and order the attorney to continue.

What does it mean to file for custody without a lawyer?

Apr 23, 2016 · The lawyer can ethically and legally drop your case, as long as it can be done without harm or prejudice to your case. The lawyer is obligated to provide advance notice to you, provide your entire divorce file to you and seek permission of the court to withdraw from the case. You must be provided with advanced written notice of that request and you have a right to …

Why hire an attorney for a child custody case?

Jul 08, 2012 · The judge will not order the lawyer to continue working on the case without compensation (you wouldn't continue to go to work each day if you weren't getting paid and neither will your lawyer); however, you may want to carefully review your invoices to determine how your attorney used $30,000 in such a short time.

How to deal with a difficult child custody case?

Aug 11, 2021 · If you or someone you know is in need of legal advice, regarding their case in the Clearwater/St.Peterburg/Tampa Bay area, contact one of your Clearwater personal injury attorneys at Sibley Dolman Gipe Accident Injury Lawyers, PA. Our number is (727) 451-6900. Sibley Dolman Gipe Accident Injury Lawyers, PA.

Can a child have their own lawyer in a custody case?

Children proceedings, whether public or private, include children of varying ages and all with different levels of understanding of the process that they are involved in. ... In some cases a child is also entitled to appoint their own solicitor.Dec 16, 2016

How long does a custody battle take?

There is no standard time frame and it can take between 6 to 12 months to achieve a final order. In most cases, it will take around six to eight weeks from when you first apply for the preliminary court hearing (step 4 above) to take place.Jan 13, 2021

Are fathers entitled to 50/50 custody?

Parents commonly choose 50/50 custody when they reach an agreement, and it can also be ordered by a court following trial, if appropriate.

How do you win a custody battle against a narcissist?

Key Takeaway About Beating a Narcissist in Family CourtDocument everything with facts, dates, and copies of any communications.If other people witnessed your spouse's behavior, tell your lawyer immediately.Remain calm during each court appearance or meeting involving your spouse.More items...•Mar 16, 2021

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

Kevin Lee Linder

It sounds like the lawyer just recently withdrew from the case -- most family law cases are very complex; difficult and they can be expensive which is why most attornies do not do them for free. However, you didn't give information on how much assets there are and whether mediation has been done.

Robert Sauers

You did not say when your attorney withdrew from the case. In some cases, you may have a time period to object to the withdrawal. You would then request a hearing to determine if the attorney can withdraw. If it is too close to trial, the court may enter an order saying that the withdrawal is prejudicial and order the attorney to continue.

What to do if you have paid a lot of money for divorce?

You should first ask the attorney for an accurate accounting of time spent on the divorce for money paid. You may also seek the assistance of the court/judge of you feel your attorney has overcharged or billed you for this matter/representation.

What happens after a motion to withdraw is heard?

After the hearing on his motion, the judge will make a determination of denying his motion to withdraw, granting his motion to withdraw, or granting the motion to withdraw only after substitute counsel has been found, or if you consent to proceed pro se.

Can an attorney withdraw if he is not paid?

Your attorney will be able to withdraw if he is not being paid... usually a judge will not order him to stay on without getting paid .. you would have to have a great reason to force him to continue.. lack of funds is not enough. You can act pro see or you can hire another attorney if you can afford one. Report Abuse.

Can a lawyer withdraw as counsel?

In all likelihood, if the lawyer request that he withdraw as counsel and asserts valid grounds, the lawyer's request will be granted. The judge may order the attorney to represent you at a certain hearing or trial if the attorney's withdraw would jeopardize your case. Report Abuse. Report Abuse.

Can a judge order a lawyer to continue working on a case without compensation?

The judge will not order the lawyer to continue working on the case without compensation (you wouldn't continue to go to work each day if you weren't getting paid and neither will your lawyer); however, you may want to carefully review your invoices to determine how your attorney used $30,000 in such a short time.

Can a judge order an attorney to remain on the case?

There is no chance that the Judge will order the attorney to remain on the case. If you have incurred $30,000 in 3 months and nothing has been accomplished, why would you want to remain with that attorney anyway? You would just have to continue to pay him money. If the other side has funds from which you can pay attorney's fees, then perhaps a change of attorney and a request for attorney's fees from the other side is appropriate.

What are the rights of a lawyer?

Some basic rights that you are entitled to include proper and effective communication/correspondence between a client and his or her attorney, the competency of the attorney to know the core knowledge and expertise of a client’s legal issue, the work was completed ethically and the agreement of fees is followed. As a summary, you can and should expect your lawyer to do the following: 1 Give you guidance regarding your legal circumstance 2 Keep you up to date about your case 3 Tell you what he or she thinks will transpire in your case 4 Allow you to make vital judgments concerning your case 5 Give you an assessment about what your case ought to cost 6 Help you in any cost-benefit evaluation that you may need 7 Keep in communication with you 8 Inform you of any changes, delays, or setbacks 9 Give you the information you need to make educated decisions, and 10 Prepare you for your case, including disposition and trial preparation.

Why is it so hard to win a malpractice case?

It is very hard to win a malpractice case because of the amount of evidence you need to prove that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar conditions.

What to do if you don't pay a bill?

If you believe the bill that you’ve received is outside of the context of your agreement, don’t pay it. Ask your lawyer about why the bill is the amount it is and—if you disagree, ask for a reduction. If the lawyer refuses to do so, consider filing for a nonbinding fee arbitration with a state or local bar association. Arbitration allows an outside party to become the neutral decision-maker when regarding bills and finances. It can be binding or nonbinding which allows you to reject the arbitrator’s assessment. Find out more from our local association.

Can you settle a case without a lawyer?

Yes, you can. However, you would have to prove that your lawyer did so without your authorization because the settlement was far less than what you were truly owed and didn’t effectively represent your case or that the lack of communication was systematic.

What are the causes of malpractice?

These basic pieces of malpractice are all due to problems associated with troubled attorney-client relationships. They are normally set off by a lack of communication, dishonestly and incompetence, inadequate legal work, arbitration, and billings.

Can you file a malpractice claim against a lawyer?

While it may be upsetting to not get the compensation you thought you deserved based on your attorney’s comments, you cannot file a malpractice claim against this fallacy. You can, however, get your file from the lawyer and get a second opinion on your case.