Legal Question in Family Law in Wisconsin

Mistrial for custody case

My attorney represented me in a patition to move my children with me to Texas from Wisconsin. He did not call any witnesses on my behalf, and failed to present any of my reasons for moving out of state. Naturally the judge has submitted a decision prior to his final judgement that the children not be allowed to move with me. My children have a GAL who recommended that the children move with me, but the judge, due to lack of evidence has not agreed. Can I file a mistrial or get a new hearing based on inadequate representation? My attorney hangs up on me and doesnt seem to care about my case at all, and now I am worried he wont finish, or he will continue to do a horrible job with the seperation of divorce property. I see myself getting screwed on all accounts.


Asked on 10/06/03, 9:46 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Mistrial for custody case

Hello, It is difficult to give advise or an opinion based on a short statement of facts.

Based on what you wrote, it might be difficult to have a new trial based on what your attorney did or did not do. If the judge decided against the recommendation of the GAL, it may be hard to get that changed just based on attorneys performance. You may be able to appeal the decision, you should check with a local attorney and see if that is an option, or if there are other options available. Best wishes, Mark J. Mahoney

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Answered on 10/07/03, 4:02 pm


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