Legal Question in Family Law in Massachusetts
custody
My husband has full physical custody of his 11 and 12 yr old children. Their mother filed for custody when she only has them 1 day a week now. She does not do their homework or take them some of her scheduled time now. The only proof I have of this is dates written down. We hired an attorney and I am feeling he is not effective. I think we should be filing motions of contempt for child support and breaking the agreement and for dismissal. Our pretrial date is now a week and a half away. Is it too late to file for dismissal. Should I tell our lawyer how I feel or find a new one? She has nothing as a change in circumstance that is valid except saying the children want to live with her, but they don't want to and the only reason they would say they want more time with her is because she told them to and is promising them things.
3 Answers from Attorneys
Re: custody
If you are not happy with your attorney or her strategy you should tell her. You need to understand the process.
If you are still unhappy after speaking with your attorney, then call another attorney for a second opinion.
I do not try custody cases but would be happy to refer you to attorneys who do. However, I would recommend you speak to your current counsel ASAP and either get comfortable with her or seek a second opinion.
Good Luck.
Re: custody
I agree that if you're unhappy with your current attorney, get a second opinion. However, most attorneys are knowledgable and reasonable. So you should also examine whether you understand what it is the attorney is doing and whether you understand the proper court procedures.
In addition, if you are keeping the attorney on a short economic leash, then perhaps the attorney doesn't have the funds to file all the motions and complaints you want or might need.
Re: custody
It would be polite to let your lawyer know how you feel. Having said that, if you don't have confidence in her, then by all means feel free to move on.
Knocking down a complaint for modification where there is no meaningful change in circumstances usually is a no-brainer, but if you're already at the pretrial stage, it's probably too late for a motion to dismiss. Child support arrears always open up the contempt option.
Feel free to call if you'd like to discuss options.
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