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Our attorney is driving me CRAZY!!!

southernshellgirl's picture

Our attorney finally got it together enough yesterday to reset the hearing we missed Tuesday for Monday morning. But why the heck didn't get the restraining order or order for temporary possession or whatever he feels like calling it?!!! DH and I have been on him for a week that we want to get back to being legal in keeping SD, and a judge granted us a restraining order for us to keep SD when we felt like BM was going to put SD in danger by taking her to her abusive mother's house before. And now we have proof that not only has she been violating the orders and taking SD over there, but we also know that BM has been driving SD around illegaly because of a DWI when she totaled her car, and she violently attacked a girl with pepper spray. What more do we need?

Our attorney acts like he agrees with us, but then we couldn't get him to file for the order. Then yesterday he told us to come to his office to sign affidavits to attach to the request for the order, so we had to meet him at his office at 9:30 last night. We spent almost two hours there while he typed the affidavits, and then he tried to talk us out of having him file it saying we are risking the judge saying no and then we have to give SD back to BM on Saturday. He says, "Then you'll be going in to the hearing Monday with a loss." and he said, "You know, it's easier to ask for forgiveness than permission." WHAT THE HECK?? He said as our attorney he reccomends we just stay in contempt until the hearing on Monday. I just don't get it. I wasn't raised that way. DH and I discussed it and decided we are truely trying to do the right thing to protect SD, and that is what we want the courts to see. We would much rather go in to the hearing with proof that not only were we trying to do the right thing by protecting her, but we also tried to do the right thing by asking the courts to give us permission to continue to do it. If they say no, it will be aweful, but we can take comfort that it was a judge that was given the information and forced us to put SD in the situation, not us.

DH and I think that BM's attorney has not filed anything to get SD from us because 1. BM does not want to go before a judge and have to talk about her criminal record, and 2. They are planning to use our being in contempt against us at the hearing on Monday. It would be great to steal their thunder by having the agreement of

Our attorney also told us that BM is saying she has never driven with SD since her license was suspended in July. Bull Sh*t!! That woman is absolutely nuts if she thinks we can't prove that that's a lie! We showed our attorney pictures I took of BM putting SD in the car, ALONE, in August. And what about my aunt who saw her come alone to get SD too? And we can easily have BM's family, and the lady she lives with and her and the ex-fiancee all questioned about her driving. Ya think they would all commit purgery for her? I don't.

Our attorney says he thinks she had one of those disorders where she kinda has several personalities. Like she can tell her attorney that lie about not driving since her license was suspended because he only knows what she tells him. So to her, that is the truth when she is with her attorney. He says that is prob. how BM was able to talk so openly with me this summer without ever mentioning the DWI or the assault. He said when she was with me, she was reflecting off of my personality and trying to create the appearance of a good mom. Then when she's with her friends, she is a party animal and can be aggressive and violent. The police report did say that she had two people with her when she pepper sprayed the girl.

Well, that's the update. Dh and I also want the possession order today, because we are afraid of the hearing being cancelled on Monday. Our attorney said that won't happen, but we have kinda lost faith in him. the truth is, we would really like to go pro se, but I am afraid of being bullied by her attorney. DH believes I could handle the paperwork on my own, that' sweet, but I can't handle the stress of knowing SD's future depends on me doing everything just right.

Thanks to all who read this, sure makes me feel better to get it all out. Smile

Comments

Riley's picture

I really feel for you guys. You're just trying to do the right thing to protect your daughter. And here you have a lawyer dragging his feet and suggesting you don't follow the rules. How confusing and frustrating is that?

In my experience with attorneys, they all basically suck. Not to be mean, but they're usually overworked and don't have time or they are over-ego'd and think they know everything. You need them more than they need you...or so they think.

On top of that, you're paying them to work on your behalf and advise on the legalalities of your situation. It sucks when you don't have faith that they have your best interest at heart. It's not like you're asking your attorney to set some new legal precedent. Just file some papers and get us in front of the judge. And since you don't have faith in him now, you're not confident of any legal advise he offers.

Is there anyway to get another lawyer? I know that takes time. But after Monday, can you find a new one? Or if not, maybe it's time to have a "come to Jesus" meeting with him and let him know that it's your money and you have lost confidence in his desire to work in your best interest. They take an oath to do that and if he knows you have doubts about his genuine interest in your case, then it may help to get him "back on track."

We had to do that a couple of times with our lawyer; he didn't like it much, because of course, they know everything and have egos the size of Texas, but we got better service afterwards.

The BM sounds like a real winner. If she does have a personality disorder then all the more reason to protect your SD. Can you request the judge order her to get professional counseling in Monday's hearing also? Requesting that shows you simply want your SD to have a sane/healthy mother and until then, limiting her rights is in the best interest of the child.

Good luck to you on Monday. You have "right" on your side. Stay strong and don't give up. Let us know how it goes.