Legal Question in Family Law in Montana

Is whats going on right or wrong

I started the procedings in April of this year with the idea of a 5050 custody for our 3 year old daughter. We cant agree on the parenting plan.In June my lawyer went on maternity leave and is in and out ever since,I have treid to contact her with no resault,nothing has happened in this matter since June.Both lawyers wanted to bring in a child addlieden and me and my husband said no.He wants to move away from Montana and take our daughter I dissagree,every time something dont work out for him he threatens to go for full custody.Him and I are mainly fighting for primary parent.His lawyer tells him that he has a good case and mine tells me I do.How can it cost so much to get no where?I also think my lawyer is in breach of our contract for not doing her job and returning my calls.Is this all the way its supposed to be and is there anything I can do to help me and this divorce?How can they be confident in there case when he drinks to much,threatens me in public,kidnaps our daughter in the middle of the night when I am not home and doesnt call me until they are in the hospital from his wrong doing(car wreck)and our daughter not in a car seat or seat belt.


Asked on 9/28/99, 11:42 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Is whats going on right or wrong

I'll answer the issues in the order you present them. Generally, when an attorney knows that s/he will not be available to clients (such as for vacation), s/he has another attorney to take calls until s/he gets back to the office. For a long leave such as maternity leave, I assume you received a letter or a call from your attorney telling you that she was either going to stay on the case or was referring you to another attorney. I suggest two things: (1) try one more time to reach your present attorney. Send a letter asking for a reply within a certain number of days. If you don't get a reply, shop for another attorney. (2) consult or get a second opinion from another attorney.

I don't know what you mean by "addlienden" so I can't address that.

"Him and I are mainly fighting for primary parent." That's why it costs so much and you're not getting anywhere. Your legal wheels are spinning and each rotation costs you money. This is sometimes the way it is, but hopefully your attorneys can either get a mediator or take it to the judge for a decision.

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Answered on 9/29/99, 8:23 pm


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