Results 1 to 4 of 4
  1. #1
    Join Date
    Dec 2008
    Posts
    3

    Default Is My Lawyer Doing His Job Properly

    My question involves divorce in the State of: California/Pennsylvania

    Background - I initiated a divorce over the internet in 2006. It kept getting rejected for paperwork not being filled out properly, so I hired a lawyer on June 3, 2008 to take over. I gave him all the paperwork that was filed in the original court. He decided to dismiss the first case and start over in the new county (I'm in the military and moved to a different California county during the process). The first case wasn't dismissed until Nov 17. NOTHING was done since I gave him my original paperwork even after several phone calls checking on status. Only after asking for my money back did he start the dismissal paperwork. Then, the new divorce paperwork was submitted to the CA court on Dec 9 and was sent to a process server on the 11th. I got served by my wife (PA resident) on the 17th and now I have a conciliation conference on the 22nd which they are allowing me to do over the phone. However, my son is coming to visit that day and I'll be in the airport picking him up during that time. Is this a standard tactic or even legal? The paper sent to me states that ALL CHILDREN AGED 7 OR OLDER MUST ATTEND, but they know he'll be in transit (he's 11).

    When I checked with my lawyer to see if she had been served first, he said he cannot help me anymore and that I need to find a PA lawyer regarding this matter. He won't even give me legal counsel, no information or anything pertaining to the divorce or custody which "should" be on the same court case number. I hired him a LONG time ago and because he didn't do anything in a timely matter, I'm out the retainer and have to find a new lawyer in a state I've never been and is on the other side of the country?

    What are my options? If more info is needed, I can answer any questions.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is My Lawyer Doing His Job Properly

    Quote Quoting McDub
    View Post
    Then, the new divorce paperwork was submitted to the CA court on Dec 9 and was sent to a process server on the 11th.
    Okay... So the old divorce was dismissed, and the new divorce was filed and served.
    Quote Quoting McDub
    I got served by my wife (PA resident) on the 17th and now I have a conciliation conference on the 22nd which they are allowing me to do over the phone.
    This apparently is because you have a child, there are child custody issues to be resolved, and your child is a permanent resident of Pennsylvania. Thus, it appears that you and your lawyer decided to proceed with the divorce in Pennsylvania, which has jurisdiction over custody, as opposed to California, which apparently does not.
    Quote Quoting McDub
    However, my son is coming to visit that day and I'll be in the airport picking him up during that time.
    So either try to reschedule, or take your cell phone with you.
    Quote Quoting McDub
    The paper sent to me states that ALL CHILDREN AGED 7 OR OLDER MUST ATTEND, but they know he'll be in transit (he's 11).
    And when you contacted them to ask about this, they told you what?
    Quote Quoting McDub
    When I checked with my lawyer to see if she had been served first, he said he cannot help me anymore and that I need to find a PA lawyer regarding this matter.
    Because you're now getting divorced in a Pennsylvania court, not a California court, and your lawyer isn't licensed in Pennsylvania.
    Quote Quoting McDub
    I hired him a LONG time ago and because he didn't do anything in a timely matter, I'm out the retainer and have to find a new lawyer in a state I've never been and is on the other side of the country?
    If your child has been in Pennsylvania since the end of 2007 (or earlier), the delay didn't change anything, and odds are your wife still would have filed her own divorce and custody case in Pennsylvania. A child is legally domiciled in a state for custody purposes after he's lived there for six months.

    As your (California) lawyer told you, if you want a lawyer to advise you and represent you in Pennsylvania, you need to hire a lawyer who is licensed and practicing in Pennsylvania.

  3. #3
    Join Date
    Dec 2008
    Posts
    3

    Default Re: Is My Lawyer Doing His Job Properly

    I've tried to re-schedule, however, I keep getting a voicemail recording. I've left 2 voicemails.

    My paperwork was filed in CA (both times) and the second was sent to the process server on the 11th. If she was served before me, does that void her paperwork since the custody agreement was in the divorce paperwork she was served? That is why I'm confused about why my lawyer still won't help me. I understand that if she served me first, I'll need a PA lawyer, but my lawyer is tapdancing around telling me if the process server was successful.

    The child lived with me until June of 08. He moved back to her because of a verbal agreement made at the beginning of this mess. She said she would have a full time job by the time he was done with the 4th grade. At this point, she still has no job, full or part. The only reason he moved back there in the first place is because I didn't want to be "the bad guy" when this issue went to court. Turns out, this was a bad idea.

    The paperwork she sent me is for custody only. Has nothing to do with the divorce in any way. Which strikes me as odd, but I'm no lawyer.

  4. #4
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Is My Lawyer Doing His Job Properly

    Boy, do I know about this from first hand experience...I went through this in 2002 and it seems to me that your attorney is doing his job properly. I have an eight year old son from a previous relationship, who was born in and up until five months old resided with his father and I in Louisiana. We then moved to Texas to be closer to his family. In 2002 my son and I left my ex and we moved back to Louisiana. I hired an attorney and filed custody paper immediately and my ex did the same thing in Texas. Anyways, long story short, although I filed the custody papers first and even though my son was born here in Louisiana and again resided in Louisiana, Texas still had jurisdiction because we lived there for more than six months, of course I was out the retainer and had to hire a new attorney in Texas. From what I understand many of these jurisdiction laws are the same for most states, but if the attorney you were dealing with will not give you any legal advice you may have to do some research on the internet.

    I have found this for you and this is the site it came from:

    http://www.familylawsoftware.com/spl...custodyact.htm



    California Law - Uniform Child Custody Jurisdiction and Enforcement Act


    The overall spirit of the Uniform Child Custody Jurisdiction and Enforcement Act is that the courts of the various states involved should cooperate to figure out what court is the most appropriate to hear the case.

    Under this Act, a state's court will hear the case if any of the following is true:

    The state is the child's home state. This consideration is more important than any of the other considerations, listed below.

    The state had been the child's home state within six months before the case started, and the child was moved out of the state, and a parent or someone acting as a parent lives in the state.

    It is in the best interest of the child for the court to take the case because the child and at least one parent have a significant connection with the state, and there exists in the state substantial evidence about the child's present and future care, protection, training, and relationships.

    The child is present in the state and there is some kind of emergency, such as an abusive parent or neglect.

    It appears that no other state will take the case and the court determines that it is in the best interest of the child that this court do so.
    The court generally will not take a case if the matter is already being heard elsewhere.

    The court will generally honor the custody decrees of another state.

    1. Sponsored Links
       

Similar Threads

  1. Legal Malpractice: Lawyer Failed to Properly Represent My Interest in Divorce Case
    By Novice in forum Malpractice Law
    Replies: 2
    Last Post: 02-13-2011, 06:46 PM
  2. Service of Process: Florida Have I Been Served Properly
    By DAB in forum Civil Procedure
    Replies: 1
    Last Post: 09-23-2010, 04:46 PM
  3. How to Properly List an LLC in Claim
    By 6079 in forum Civil Procedure
    Replies: 2
    Last Post: 06-19-2009, 08:15 AM
  4. Debt Collectors: Properly Finalizing Settlement
    By bombay24 in forum Debts and Collections
    Replies: 2
    Last Post: 09-27-2008, 03:42 PM
  5. Ineffective Assistance of Counsel: Not Properly Represented
    By mooch in forum Criminal Defense Lawyers
    Replies: 1
    Last Post: 01-08-2008, 10:16 PM
 
 
Sponsored Links

Legal Help, Information and Resources