Legal Question in Family Law in Kentucky
Complaint against Lawyer
Currently I have my children from Thurs thru noon on Sunday. My husband gets them from Sunday noon thru Wednesday. We went before the commissioner to discuss changing this due to school issues. The commissioner proposed being with me Mon-Wed and with my ex Thurs-Sun. I disagreed because this gave me no weekend time with the children and it was not giving me equal time (half). My lawyer verbally told this to the commissioner and told him to just leave things as they were. However, my lawyer failed to file written notification that we wanted to remand this 2nd proposal from the commissioner and because he failed to do this, the judge ruled for the 2nd proposal, saying there were no complaints or appeals. This is not the proposal that I wanted and is not what I told my lawyer to do. My lawyer is now telling me there is nothing that can be done. What recourse do I have to change this ruling? Who do I contact since my lawyer seems willing to do nothing at this point? What recourse do I have against my lawyer? He is not answering my phone calls and will not respond to messages I leave. Can I contact the judge's office directly? I am not happy with the outcome at all. I want equal time with my children.
1 Answer from Attorneys
Re: Complaint against Lawyer
You have two issues here. First, if you really believe your lawyer failed to represent you and will not respond to you, contact the Kentuck Bar Association and talk to them. It is best to try and resolve something like this informally.
The second issue is whether any different result could come from further action. As children get older, judges (and commissioners) are more and more reluctant to grant 50% time sharing between parents because it rarely works out best for the children.
However, there is nothing to stop you from putting on a new motion regarding time-sharing.
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