How Will A Criminal Charge Affect My Upcoming Modification Case

**mmmagique** · 07-05-2008, 01:50 PM

One thing I found interesting; when she said "I would never have called cps on him".

Really?

If you found your 4 year old unattended, and the answer given by the one in charge was "well I left someone outside to listen for her" ?

I would.

**mozisme** · 07-05-2008, 03:06 PM

Very well put!

**queenie2** · 07-10-2008, 03:49 PM

Quoting mhatter

As I said, I can not talk to my attorney. For whatever reason he said he needs more money and won't talk to me anymore. I don't understand this either because when we originally talked he told me my ex-husband would be the one who ended up paying my legal fees and now he is asking for more money.

I will guess that when you "originally talked" it was a fairly short conversation. Your lawyer has undoubtedly figured out by now that there is little chance that your ex will have to pay your legal bills.

**mhatter** · 07-10-2008, 07:16 PM

Quoting queenie2

I will guess that when you "originally talked" it was a fairly short conversation. Your lawyer has undoubtedly figured out by now that there is little chance that your ex will have to pay your legal bills.

It states in our divorce papers something about this. I can't remember the wording, but it basically says that he will have to pay my attorneys' fees. So why wouldn't that still be the case? And my attorney originally said it was a he said/she said kinda case and there was no way my ex could prove any of the things in the original petition and that i didn't have anything to worry about. but, as we have moved forward, it has gotten harder and harder to get in touch with him, and then he asked for additional money after the charges were filed and something about "discovery". Which I still don't even understand why there are charges...CPS closed my case, so why would the DA still file them? And now, even after the case is closed, my friends (who i listed as referances) are getting calls from the case worker asking all kinds of questions about my daughter....is she clean, is she fed, do they think she is safe with me, do i drink, ect....i know my friends wouldnt bad mouth me to a case worker so i am not worried, but why would they call now.

**mmmagique** · 07-10-2008, 07:37 PM

Your lawyer has become more aware of what is going on in your home. He/she realizes what it would take to overcome this, and that it would be unlikely to make your husband pay for your legal fees.

If you want to fight this, you will have to come up with the cash. And convince a lawyer that you actually have a win-able case.

~Christina

**queenie2** · 07-10-2008, 07:38 PM

Your divorce decree applied to the divorce. This is a different matter. That's why it wouldn't still be the case!

Originally, your lawyer thought it was he said/she said, but I'm guessing that the longer he talked to you, the more he realized YOU are the biggest hurdle to winning this case.

CPS and the DA are 2 separate government agencies. CPS doesn't prosecute. The DA does. You broke a law. Sounds like the DA is going to prosecute you for it.

What is so hard to understand about that?