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  1. #1

    Default Should I Change My Divorce Lawyer

    My question involves a marriage in the state of:CA

    Just come back from court last friday at 05/21/2011. I am not satisfied with my lawyer's performance, thinking of change the lawyer for following reasons:

    1. my wife asked for a passport for our 1 year old son. I write an email to my lawyer saying "no" in the reason that I need to visit him in weekend. And it is not safe to travel internationally for a young boy. But my lawyer forget about it and say "yes" to the judge. I argue with him in front of the judge, he threatens me in the court that I can reprente myself in the court. Whose fault is it?

    2. my wife's lawyer fee of $10k(75% of her claimed lawyer fee which is not proved) is ordered by the judge to be paid by me. Because I have a domestic violence on her. The judge said it is based on law and on the fact it is a felony level case but actually it is misdemeanor. My lawyer did not even argue about this fact.

    I do not have enough money for my living since I am paying child support and alimony. So the judge make the $10k out of the money from our sale of house. But most of the money from the sale of house are funds from my parent's pension which will be returned to my parent after the sale of the house. My own money into the house is only $30k ~ $40k. The $10k is a great portion of it. My lawyer again had no argue about this. Should my lawyer ask for a lower portion of it based on my financial status?

    3. in our last court in march 2011, my wife claimed she lose health to work so she only work 20% of her full time, because of the domestic violence incidence(she got cheek hurt and I never heard and see any report on that she had not revovered). The judge agreed to change the child support and alimoney based on her 20% work pay stab. But ask my wife to show medical proof that it is the domestic violence cause her losing of working hours and if she did not prove this, the order will be reversely modified.

    But last friday, my lawyer did not ask for my wife's medical proof and did not propose to modify the previous court order.

    4. the judge ordered me to pay for half of the nanny fee to my wife. She is working 75% part time right now. Should it more fair to ask me pay 25% of the nanny fee because she is working 75% full time? My lawyer argued nothing about it. I do not trust my wife since she lied regularly so I want my lawyer to check on whether her receipt of nanny fee is fake or not. My lawyer said: yes, she can lie, but the court order will still be so. I feel there is no protection on my sake.

    I am very worried about my case since my lawyer did so little to argue for my sake. I am not protected. My wife can just put everything to the domestic violence without solid proof.

    Would I change my lawyer?

    Thank you very much!

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: My Divorce Lawyer's Performance, Should I Change Him California

    Quote Quoting fairca
    View Post
    My question involves a marriage in the state of:CA

    1. my wife asked for a passport for our 1 year old son. I write an email to my lawyer saying "no" in the reason that I need to visit him in weekend.

    Do you have a custody agreement that dictates you get your son every weekend? If not, she is free to take him on international trips once she secures a passport. Some countries will require additional written permission from you but not all do. Even if you do have an agreement, she is free to seek a change in the custody agreement to allow it. Unless you can show why it should not be granted, such as proof she plans to flee the jurisdiction and not return, the court is likely to side with her.

    Quote Quoting fairca
    View Post
    And it is not safe to travel internationally for a young boy. But my lawyer forget about it and say "yes" to the judge. I argue with him in front of the judge, he threatens me in the court that I can reprente myself in the court. Whose fault is it?
    Absolute RUBBISH. Thousands of small children travel internationally every single day without incident. If your attorney said yes and you disagreed, you should have politely asked him to correct himself. If you wound up in an argument in open court, I doubt there was much politeness involved. If he refused to cooperate, you should have notified the judge of your true desire or motioned for a continuance to seek new representation.

    Unfortunately, that $10K is gonna have to come out of your portion of the sale proceeds unless mom & dad are okay with taking a hit.

    Sounds to me like either a. you have a bad attorney and need a new one or b. your attorney has a bad client.

  3. #3

    Default Re: My Divorce Lawyer's Performance, Should I Change Him California

    Yes, I have court order to visit my son every two weeks in weekend. Actually I agreed my wife and the son to travel. I am just unsatisfied that he do not read my clear letter and try to persuade me that passport is okay. I feel unpolite also to argue this in front of judge. But I do not have a choice at that time. 1st time to get involved in law issue in my life.

    How do you think I shall do in item 3 and item 4 in my questions. Do you think the judge's decision is right? I am very open to know what other people's opinions.

    Thanks.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: My Divorce Lawyer's Performance, Should I Change Him California

    Yes, I think the judge was right.

    Since you asked.

  5. #5

    Default Re: My Divorce Lawyer's Performance, Should I Change Him California

    In item 3, you think the judge already see the medical report from my wife or she just make the decision based on the domestic violence hurt she claimed.

    In item 4, If my wife work for 20% full time, I still pay 50% of the nanny fee?
    Last time in the court, the judge denied her proposal to hire a live-in nanny because I do not have enough fund for living after paying child support and alimony(based on 20% of full time). I am kind of confused, what will be the law or criteria?

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