Legal Question in Family Law in Michigan

No longer can afford an attorney...what do I do now?

I can no longer afford lawyer expenses after 8 years fighting against the father of my 3 children trying to get custody. He wants custody so he will not have to pay support...which he only pays prior to a court date. He has constantly filed false motions through the years. It was also proven recently that he abused one of the boys through Protective Services. He was ordered not to use physical punishment on the boys; but has since whipped them all. However, this time he left no marks, so Protective Services didn't get involved. I am employed, and I just make ends meet. The father and I were never married; he isn't on the birth certificates; and paternity was established. I still owe my previous lawyer over $5,000 from over $10,000 in legal fees. Legal Aid of Midland informed me they no longer accept custody cases. Can I request my files from my previous lawyer when I still owe money to them? We have another referee hearing in February. Can I refuse a referee hearning and ask for a the regular judge? Thank you, I look forward to your response.


Asked on 1/14/02, 2:09 pm

1 Answer from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: No longer can afford an attorney...what do I do now?

Since I don't know the whole story, this is a little difficult. But if after 8 years he still does not have custody, and I am assuming you have full physical custody, chances are that the Friend of the Court is not eager to change the circumstances. The burden for him is high, and short of you being an "unfit mother," his chances seem slim after all this time. So sorry your outstanding legal bills are standing in the way. Yet, if he was the one who kept hauling you into court, your lawyer should have asked for legal fees and would have been successful. At any time that you disagree with or are unhappy with a referee's ruling, you can ask to see the judge, and that will happen -- usually the same day. Best of luck to you!

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Answered on 1/14/02, 8:03 pm


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