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BM's attorney is withdrawing from the case.

Posted by on May. 6, 2013 at 9:20 PM
  • 5 Replies

     So apparently BM hasn't been paying her attorney and he sent a letter to DH's attorney stating the fact. It wasn't a surprise though because her attorney tried to put in a verbal request for DH to pay court fees because he's requested some emergency dates. The judge denied the request and her attorney pitched a fit, to get him to stop talking the judge put them out of court. When she recalled the case BM came in by herself, no attorney, and asked for a status date and now he withdraws.

     So now what happens? They are supposed to split the cost of a guardian for the boys. If she isn't paying the attorney she chose how are they supposed to get her to pay for the guardian that DH's attorney suggested. The next court date is June 6th. Has anyone else had this experience? Will we get the boys by default now?

by on May. 6, 2013 at 9:20 PM
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Replies (1-5):
rhaztas
by Member on May. 6, 2013 at 9:35 PM

BM in our case was dropped by her attorney, too.  She came in representing herself (very badly, I might add).  We had to pay the entire GAL fee ($2500 or so) she was supposed to reimburse us for a portion but, of course, that never happened.  

BM in our case tested positive 3x for meth during court ordered drug tests,......so, obviously we got custody but I don't know the situation in your case.  BM can represent herself, (ours cross-examined my DH - what a joke!).  She is perfectly within the law to do that.  It will likely weaken her case but, again, depends on cirucmstances.

Mom61309
by on May. 6, 2013 at 9:38 PM

I'm not sure about your state, but in my state IN they send a bill to both parents, if it's the same there your husband will not be at fault for her failure to pay.

momof2ex1
by Ruby Member on May. 6, 2013 at 10:02 PM
People can represent themselves in court. As far as the GAL, they SHOULD bill her for her portion and if she doesn't pay, they send HER to collections. But they still would go ahead and do their job. Not sure though. The therapist who was used the same as a GAL is used, billed us seperately and made payment arrangements with dad since he could not pay immediately.
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momof2ex1
by Ruby Member on May. 6, 2013 at 10:03 PM
Ha! My ex cross examined me as well. My attorney objected to every question and he finally gave up and sat down. Lol


Quoting rhaztas:

BM in our case was dropped by her attorney, too.  She came in representing herself (very badly, I might add).  We had to pay the entire GAL fee ($2500 or so) she was supposed to reimburse us for a portion but, of course, that never happened.  

BM in our case tested positive 3x for meth during court ordered drug tests,......so, obviously we got custody but I don't know the situation in your case.  BM can represent herself, (ours cross-examined my DH - what a joke!).  She is perfectly within the law to do that.  It will likely weaken her case but, again, depends on cirucmstances.


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tazlover01
by Member on May. 6, 2013 at 11:00 PM

DH was representing himself originally and was able to get an attorney finally. It would be really bad for her to represent herself. Once she doesn't get her way you discover she's a nut, she's angry and combative and just a very unhappy person.She's not on heavy drugs but she and her husband are abusive. And she's been manipulating the boys and it's just sad. Well we'll see what happens next.

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