Anybody ever work with GA lawyers?
DH has finally had enough and is wanting to file an emergency change of custody. Problem is neither of us has ever used a lawyer before and have no idea what to do or expect. The case as it stands for the emergency custody change is pretty solid, however DH is not the best at words/communicating, and this will probably be his only chance (BM is a slippery creature) so we don't want to risk it pro se.
if this is the only action we plan to use, would we still have to pay a retainer or would be just be able to pay for the cost of the service flat out? If we do have to pay a retainer, will the amount "not used (for this specific action) be refunded?
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So you want them to complete
So you want them to complete the paperwork for this one filing only?
You might find an attorney willing to do the paperwork only, but I think that would be a mistake if this might be his only chance. Go in with guns blazing (with the attorney leading the charge).
If you have to pay a retainer and they do nothing more than completing one set of paperwork, you will get the remaining funds back. Retainers are put into special trust accounts and all funds must be accounted for or the attorney risks losing their license.
It actually depends on the
It actually depends on the wording of the contract between OP/DH and the attorney. Some attorneys will refund any unused money on a retainer while others will not.
In Georgia, retianer
In Georgia, retianer agreements that I have seen, are pretty specific on the action and use of funds placed in the retainer and what happens to funds at the end of the client/attorney relationship.
Of course, read any agreement before signing/agreeing to the terms.
I will make sure that's one
I will make sure that's one of the things he discusses! And that he also reads before he signs. Thank you!
Typically, the retainer
Typically, the retainer section of the contract is well-defined, and will clearly state the terms and conditions. The attorney should verbally state whether or not the retainer is refundable.
Oh this would be for the
Oh this would be for the courtroom too. My DH isn't the best at communicating and only gets worst in high conflict situations.
thank you for your input!
If lawyer will be covering
If lawyer will be covering court as well, plan on having to pay a retainer.
And plan on going through
And plan on going through that retainer quickly if BM is high conflict.
I don't see her objecting.
I don't see her objecting. Things have gotten too bad and she has no one to help her because she alienated everyone around her. She, at this point, doesn't have a leg to stand on, so it would be obvious to the court that she's not looking for SS's best interest.
Ok! I'm hoping he will go
Ok! I'm hoping he will go look consult some lawyers on his next day off.
I really, REALLY wish you and
I really, REALLY wish you and dh the very best. Flipping custody from a BM to a dh is very difficult. Usually the BM has been investigated by cps, findings found to be egregious enough for states charges of neglect / abuse resulting in felony convictions...What has bm done that is criminal with her kids present?
It is THEN, that the bio dad has to higher lawyers to gain full physical. Figure 20K to 30k just for that. Based on my experience. Not a made up number.
BM's living in a womans shelter..gives them great favor in court. It is not viewed as a bad thing. In concert with social services they are helped ..a lot. They are found housing, foodstamps, welfare, electricity assistance...everything. Free lawyers, you name it.
What is bm doing that will tip the scales to dh having full custody.
There is nothing in your posts that I read that comes close to the high bar standards to do so.
Mainly, she's homeless right
Mainly, she's homeless right now. For whatever reason she was put out the shelter (no shocker there as BM is very difficult to get along with). Right now they are hotel hopping, but she has no job, no car, and even if she had those things, no childcare for her younger children. She is willing to let SS stay with us but only if DH doesn't take her to court and he still pays her child support from their last conversation on yesterday.
On top of that, SS failed almost all of his classes even though she was home with him last semester because he didn't want to do his work so she didn't make him. The in-person semester here started less than 2 weeks ago (he's been back with her 1) and he's already missed 3 days of in-person school (all on her watch). The only reason he got his virtual work done was he was with us almost 3weeks (due to quarantine and her refusing to get him until he had a negative test). NOW he will miss the rest of the week because the hotel she's now staying in is not for his school so he has no way to get there.
her life is very unstable right now.