Legal Question in Family Law in Florida
I asked about bad representation on a custody & child support case that caused my daughter to loose her case for 60/40 custody & child support.The Judge said to leave everything as is which is, shared custody & no child support. The father makes good money & ownes his own home ware as my daughter makes $10.00 per hr & is just making it. (The attorney that replied was Brent Rose.) You asked me what could her attorney have done to prove the other party lied in court? Her attorney never even questioned him or even made a statment to him about the fact that the after school care is very expencive & point out that my daughter would not agree to that expence,& had good after care that she could aford. Her attorney never brought up the fact that my daughter wanted to change the custody & support because she wants to get married next year & move to Brooksvil, Fl. With shared custody that will not be possable. No! her attorney just sat there!! Then told my daughter he would deal with it later! As a result of this she now has to put off her wedding until we can get this resolved. She may also be held in contemt of court & put in jail for not being able to pay the other party the $5000.00 after care money that they lied about!! The only way to take it back to court would cost more money that she did'nt have to start with & (now owes to family) but we put our faith in some one that seems to only be in it for that reason,THE MONEY. I just wish there was a good christian attorney who would help us. THANKS , Broke in Florida.
1 Answer from Attorneys
I'm not sure what an attorney's religion has to do with it.
Anyway, I still have the same question: what could the attorney do to prove that the father lied?
So, your daughter wants to get married. Why is that the father's fault? Your daughter wants to move to Brooksville. Did you know that Florida law may prohibit that if she wants to move a child? Why should custody change because she wants to get married? Did you know the law doesn't support that?
I'm very sorry for what happened to her at her hearing. I just hope you understand my point. You can't go back to court because you had a bad lawyer. And you can't sue you lawyer unless you can specifically say what the attorney did wrong. Sometimes, "just sitting there" is the best legal strategy. Apparently, in her case, it wasn't, but everyone is a Monday morning quarterback.
I have no idea what the attorney could have done to prove the father was lying. I wasn't there; your daughter was. But if you can answer that question, you have a case.
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