Legal Question in Family Law in Missouri

My husband took out an order of protection against me for our son after I found out he was cheating and I slapped and pushed him. I told him that night that he would not get to see our son until we went to court. He took our son and left and files the order the next day claiming I was an alcoholic which is not the case. We both drank occasionally but never put our son in harm. I wasn't allowed to see my son for 10 days until court. My husband wanted me to have supervised visits and have a alcohol monitoring device for 60 days and my attorney told me I needed to do what he said if I wanted to see my son so I agreed reluctantly. Unfortunately 2 weeks ago I got a DUI which I know doesn't help prove my case however until then I hadn't had anything to drink since he kicked me out off the house. Now I have to go back to supervised visits and he is seeking sole custody. My attorney and his attorney are friends and I feel like she is more concerned with keeping her friend happy then she is with helping me. I also found out, according to my stepsons mom, that my husband told her that his attorney said that my attorney was telling her things like oh great I have one of those types of clients. I'm not even sure what that means, but my attorney always seems very bothered when I ask her questions and very short with me in conversation and email. I'm just wondering if I should seek a different attorney and what your advice might be for my situation.


Asked on 8/12/15, 4:10 pm

3 Answers from Attorneys

Anthony Smith LawSmith

It sounds like you need to get a second legal opinion, like one might do with a medical situation. You aren't able to provide enough information or documents here, to evaluate the work being done by your present attorney. The Missouri bar friend on an attorney icing legal advice to someone that is already represented by counsel. However, if you feel that your attorney has a conflict with their personal and business relationships, you should be allowed to seek other counsel. Find a good dui defense attorney, and a good family law attorney ( not necessarily the same one) and get an evaluation of your situation.

Good luck

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Answered on 8/12/15, 4:43 pm
Michael R. Nack Michael R. Nack, Attorney at Law

I agree with the above response. You have a challenging custody case, and you have made it much more difficult than you may know. You must hire the best attorney you can afford on the DUI. I have handled hundreds. I have also handled hundreds of custody battles.You should consult with an attorney on both cases immediately. If you are on an hourly fee basis, your current attorney may appear to be "short" with you to avoid wasting your money. But, there is no excuse for being rude, or making derogatory comments. When people who have an attorney want to talk with me, I simply call that attorney to ask if he or she has any problem with it. Not one ever has. If they did, it would indicate something is not right, and you would need to terminate your employment of that attorney before hiring new legal counsel. I am not interested in stealing another attorney's client, but I would be willing to consult with you on both cases, if they are within any of the jurisdictions in which I regularly practice. I often tell people to hire an attorney they can trust. It sounds like you may not completely trust your current attorney, and that can lead to a lot of bad things. "Communication" is absolutely critical in my profession, and it sounds like you have "communication" issues with your current attorney. If so, this can also lead to very bad things. Feel free to contact me for a free telephone consultation. If I can't help you myself, I may be able to refer you to someone who can!

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Answered on 8/12/15, 6:40 pm
Mel Franke Mel G. Franke, Attorney at Law

Hire an attorney that you have confidence in.

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Answered on 8/17/15, 8:58 am


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