Legal Question in Family Law in Kansas
I have posed a question to this forum before. I got very useful advice and hope to repeat. I am in one of quite possibly the ugliest custody battles ever! After advice from here on how to deal with my daughter's father's attorneys assistant getting personally involved and making very defamatory statements about me and the case (actually giving specifics). I called legal aide to find an attorney to represent and hopefully protect me from these people. They did refer me to an attorney but I was a bit put off when her assistant commented that opposing counsel was a "nice guy" professionally I would not agree but I figured he meant personally. I met with this attorney once and she warned me not to give her "too much" info because her reading previous testimony would eat through my retainer. OK, I did not see or speak to her until the hearing she knew what I was requesting and what opposing counsel was requesting. The orders wound up being that I would submit to a 10 panel hair follicle test (accused of xanax abuse). After some argument from both sides on which Dr. would administer a psych eval. (the Dr. He requested specifically I had already seen and discontinued services) my attorney suggested a different psychologist to which his attorney displayed what I would call a temper tantrum because he had personal issues with her. The judge admonished him and told him "I don't care what personal issues YOU have as long as mother and father did not have issues". Well the Judge wrapped up our hearing then went to chambers with both attorneys. My attorney came and met with me to show me final orders. I was not shocked when limited case management was ordered as our case is super ugly. I was a bit concerned about the fact the psychologist chosen for my psych evaluation and subsequent LCM is in the same"firm" as the one I took issue with,however after the judge getting so flustered in the hearing I decided to just deal with it. I did my hair follicle it came back negative everything as I have no interest in mind altering substances. I was not sure how the evaluation went but I wasn't concerned. Well I ran out of retainer money less than a month after hearing. I begged her to just give me a little more time,, no dice. She withdrew 2 weeks ago with me owing her a whopping $100. As soon as she withdrew my child's new step mom verbally attacked me. She let me know that they would never give up that their attorney was going to throw out everything from the previous hearing that father cancelled LCM because he opposed paying the whole amount as per the court order. That woman just kept going and going talking right in front of my daughter. On Monday I called the only person I could think of to get clarification the LCM. Apparently he was unaware that father was "cancelling" LCM, was audibly disturbed that the new wife who was subject of court order as she has interjected herself in every aspect. He advised me that he had sent his report to the court including that I was fit that father is in violation of court order for refusing to pay or participate in LCM. I feel like my attorney has actually made this worse as I have not been receiving things like results from testing and what not. I am at an absolute loss now. No clue how to deal with this. I know I need another attorney but I don't want all the work the previous attorney did. Any help??
1 Answer from Attorneys
Request your file from the attorney that just asked to withdraw. She has to give it to you. If you don't dispute the $100 arrearage, you should pay it, and she may give you some hints as to what you might do next. Keep in mind, once that attorney has Entered her appearance, she can't withdraw from the case unless she has the approval of the client or the Judge. She may still be your attorney.
Good luck
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