Attorney Slow to File for Visitation of Grandchild

[mommyonemoretime2]

Tennessee. We hired an attorney to represent us in a contested adoption case between us and my BIL and SIL regarding our youngest granddaughter (my in-laws have legal custody). We have custody of our two older granddaughters (all three are sisters) but because of ill will we have not been allowed to see our granddaugher since last June. I do understand that since it is not in the custody papers to allow us to visit with our granddaughter we have no legal standing so I informed our attorney that if visitations could not be arranged with my in-laws then I wanted them to file papers to get court ordered visitations. I believe that since we as grandparents have a bond with our granddaughter and since we have custody of her two older sisters that a judge will consider it to be in the best interest of our youngest granddaughter to visit with us and her sisters. My attorney called and said that my BIL and SIL would consider allowing us to see our granddaughter again only if we return my youngest granddaughter's medical records that I obtained by my daughter's permission and that visitations could only be at my MIL house and that my SIL would have to be present. I did return the medical records though I still have a copy and I feel that my SIL's presence is only to try to make me feel uncomfortable but at this point I will try to do anything I can to keep me and the sisters connected. The main problem is my attorney is dragging her feet in filing for court ordered visitations and does not share my concern that at the whim of my BIL or SIL that visitations could be stopped again and I would be right back to square one. Our attorney mentioned that by filing for court ordered visitations that it might antagonize my in-laws and that I need to try to get along with them now and in the future. I feel like my attorney is really not representing me and certainly not the bull dog I wish they were. Is it time for a new attorney? Any comments?

[deadlock]

You certainly have the right to obtain another attorney for any reason. No one can advise you to do that. You are emotionally involved and in order for your attorney to be effective as your counsel, he/she cannot be emotional.

There are different approaches to obtaining what you want-

Listen to the plan your attorney advises. Ask about options and time frames. You can agree or not agree.

It sounds like the in-laws have agreed to visits and you are uncomfortable with some of the terms. You might simply try it as described and then tell your attorney it doesn't work (if that's the case). Then go through the court.

Remember once you ask the court to decide, the decision might not be exactly the way you want it to be. You lose some of your ability to negotiate. Perhaps your attorney wants you to do everything possible before asking the court to rule.