Legal Question in Family Law in Missouri
My son has been going through a custody batte with his exgirlfriend for custody of his daughter for the past 3 years. We have had many cancelled court dates because she can not keep a lawyer due to not listening to them and argueing with them. I have been involved with this case from the beginning from filling out the paper work, talking to the lawyers, gathering evidence and letting both out lawyer and my grandaughters lawyer (GAL) know when there is something new they need to know. Our final court date is in January and our lawyer has given us a new bill of $900.00 dollars, which he deserves but my son has paid him over $6000.00 already and can not come up with the rest at this moment and our lawyer is talking of dropping our case. We have proof of child abuse and have called the abuse hot line on my grandaughters mother many times at the advice of both lawyers and have shown pictures of bruises that she has come home with. Nothing has been done. My grandaughters lawyer has even advised the other lawyer he should get his client to sign over her rights, and she has also told the judge this. My question is... If our lawyer drops us this close to our court date, can I take over representing my sond case? I have no legal experience but I know this case inside and out and have also been through this many years ago with my own children. I know that doen't make up for knowing all the laws I will need to know, but would a judge let me do this?
1 Answer from Attorneys
First of all, your son's current lawyer must file a Motion to Withdraw and obtain the Judge's approval before the lawyer can get out of the case, and it is unlikely that a Judge would let the lawyer out of the case at this time under all of the circumstances. So, you would have a situation where the lawyer must continue to represent your son even though the lawyer is not being paid the money he has earned that your son agreed to pay. Perhaps you could loan your son the money, or help him come up with the money to pay the lawyer's bill so that there will be no problem. If not, and if the lawyer is allowed to withdraw, then you could represent your son if and only if you are an attorney licensed to practice in the state of Missouri.
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