Legal Question in Family Law in California
Custody Over Children
I am bi polar and my husband wants a divorce after 21 years of marriage. He is going to go to court and try to prove I am unfit as a parent because of my disease. I am on medication and am not a threat to my children. I have no money for an attorney and I am afraid I can not fight another attorney over my having custody. I also have 3 children that want to be with me. Can I loose custody of these children?
1 Answer from Attorneys
Re: Custody Over Children
YOu should see if you can find an attorney who will do your divorce on the basis of applying for and getting a court order that your husband pay your attorneys fees or you can use a "family law attorney's real property lien" if you own a home or you can use any community property asset such as a savings account etc.. to pay for your lawyer. Each of these methods of getting a lawyer should be considered before you conclude you can't "afford" a lawyer.
You can also contact your local County Bar Association and see if they have a "modest means" panel of attorneys who will charge you much less than the prevailing hourly rate of attorneys in your area. It is income dependent.
Finally, you have not provided enough information to determine if he can make you lose custody of your children. As long as you are properly medicated, you should have a fighting chance to share in your children after the divorce.
Good luck.