Legal Question in Family Law in New York
can my retained lawyer submit a custody/visitation order that he never discussed with me?
does he have to first write the order according to what i want in the order and have me proof read it and sign it for proof my approval before he sends it to the mothers lawyer and the childerns assigned lawyer for them to approve and then when everyone is in agreement then it is sent to the judge for her signature?
how can a mother file for a restraining order aginst me, and be granted temp. custody, then her claim be found to be unfounded and the order not granted yet i never had the oppertunity for custody of my children
1 Answer from Attorneys
It's good practice to discuss the contents of a proposed order or to have your clients review motions/proposed orders. Indeed, the attorney represents you and should determine what you want to do. Of course, he/she may not be able to obtain all of your requests. However, the starting point should be a discussion with a client.
For the attorney, this avoids bar complaints and court sanctions. Nevertheless, because you hired the attorney, he has the right to bind you to agreements and orders. At this point, you need to talk with your attorney about your concerns.
For the second question, you should have hired an attorney after interviewing several lawyers. Therefore, you should ask your attorney these questions or hire another one.
Also licensed and practicing in New York.
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