MeredithP83
Bronze
Reged: 02/15/08
Posts: 28
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I don't know if anyone has any suggestions about this. My case was supposed to be over as of 12/5/07. I was given a copy of the divorce decree at that time, but we settled out of court, so I do not have one signed by the judge. I WAS represented by an attorney. I have looked up my case on the Maricopa Superior Court website and noticed that it says I was pro per and my ex's still has his attorney's name?! I paid my attorney about 3-4 grand, I was in no way, shape or form pro-per. The last conversation I had with him was about a month ago when he told me I owe him $1030 and some change. I asked him to mail me a bill with itemized descriptions and charges. I have recieved no bill. Also, I was having issues with my ex and getting my son on a day that he was aware I was going out of town telling me that I could have him if I performed sexual favors. Upon telling my attorney, he asked me if I complied, would it take care of it? "We can then go to court and tell the judge what you had to do to get your son." I looked up his name on the AZ Bar website and found a few claims and only one where any action was taken. None of which seemed like anything I have experienced, although I don't know the legal jargon. I recently emailed the AZ Bar and told them what is going on and have not heard anything back. I do not know what to do at this point, but I feel like I was not represented appropriately, insulted for being a young woman with a young child going through a divorce...He was aware that I am alone in this state and was desperate for any help out of my bad situation. I feel that I should have been able to gain sole custody of my son and he made me very uneasy about going to court and I became less and less confident about doing so, to the point where my ex and I settled out of court and I gave in to joint custody. If anyone can help, please let me know. I need to have some help here. I have grown to be ok with the custody arrangement for the most part at this time, but I feel like I wasted A LOT of money for something that I could have done myself if he was going to just take my money and list me as pro per. Thanks for your time...
-------------------- Sometimes things fall apart so that better ones can fall together...
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gigi
Platinum
 
Reged: 11/06/06
Posts: 4836
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If the case is over, your attorney withdrew and that's why the website lists you as pro per. Your lawyer should be able to provide you a signed copy of the decree, but you'd be better off going to get a certified copy, which is what you need to prove it for things like buying property, changing your name, etc, and the lawyer won't pay for the certified copy if you've not paid him.
He'll not be too excited to run back to court if you've not paid.
And failing to give you a bill? That almost never happens and is clearly an error, not an "evil lawyer" problem. Is it possible that your copy of the decree and the final bill and the motion to withdraw becasue the case was over were all sent to the wrong address? Lots of people move in a divorce, so the lawyers will get two or three addresses and some of them, the address books are a mess.
But what your ex has done, THAT is a PROBLEM.
Check with the bar association and get thier formal complaint form regarding not having received a copy of yoru final decree or a motion to withdraw OR a copy of the bill, which is a HUGE issue for the bar association. But recognize that it's probably just an oversight and THAT is not the problem. I think it would probably be called "falure to communicate" in your sitatuion. Your lawyer probably won't start a fresh case with you (post-decree enforcement) unless you pay up in full on the old one.
His weird suggestion that you actually HAVE sex to get your son, are you sure he was SERIOUS about the suggestion? I mean a lot of people who have been victimized by this type of behavior can be unusually sensitive about it and if he were making a crude joke you might not have realized it. Or maybe he was half serious but not really serious, you know?
If you're not comfortable with him, though, because of the past few failures to communicate and the weird suggestion that you need to have sex to get your son, you might want to find someone new who would make you more comfortable.
One other question. What is your visitation schedule? Is he primary custodian and how did that happen? WHY did that happen? If the ex said that you were abusive or a danger or something, and he'd be willing to ignore the court orders for you to NOT have the kids often if you gave him sexual favors, then ... well ... may I suggest that your lawyer's statement is not that far off... crude, but... here's the problem: If you are not allowed to see the kid except under certian circumstances because of things your ex told the court, but your ex is willing to ignore the court orders for ANY circumstance sthat have nothign to do with what he was complaining about, then his claim that you need to be kept from the kid in the first place becomes less credible. SO if you COULd get him to give you more time with the kid (I know, under the ridiculosu circumstances of prostituting yoruself for the privelege), then it would give you proof in court that your ex wasn't being entirely truthful about the need to keep you from the kid.
Oh, I know that's an awful thing to say. Let me say it the way it worked for a friend of mine when sex was not involved.
My friend's ex-wife claimed that he was abusive and awful and should never be allowed to see the kids except with supervision. Then she let him take the kids across the country to see thier grandmother, the very next week. And she decided she needed to spend a week with her boyfriend so she let him keep the kids the week after. And the kids were more than she could handle for homework time so she had him pick them up from school every day. And then she worked weekends so she decided he should have them every weekend. She finally told the judge, "he should never see them ever again without supervision, but I don't think you'll do the right thing, so I'll agree to letting him have them every weekend from Friday after school to Monday at school." The judge finally told her that her claims that my friend was abusive and a damage to the children were ridiculous if she was all interested in letting him have them for 3 days at a time every week. And it was clear this was just a ploy to get control so she could change thier ativities, their school, their church, without his consent.
IF your sitaution is something like that, where the reason you dont' have primary or equal custody is that your ex said something mean about you being a damage to the kids, then finding a way to prove that he would give them to you is the way to get the jduge to believe that he was lying about you being a damage to them.
Your lawyer put it in a VERY crude way, but that WOULD be one way of making the case for the judge.
Or you could tape your ex when he makes htese suggestions.
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MeredithP83
Bronze
Reged: 02/15/08
Posts: 28
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Actually, our case was quite the opposite. HE was the one being abusive. He was arrested for criminal damage and domestic violence towards me, but never our son. Our son was ALWAYS present during the occassions. I filed for sole custody and my attorney, at the beginning was full fledged supportive, then about 2 weeks before our court date started telling me things of how he didn't think that I'd win, etc. We have about 60/40 custody, me being the majority and I am our son's primary residence. My attorney has had my address since the start, my ex was the one who moved and I have stayed in the same apartment since the case was filed. I had just paid him what I thought was my final balance a week and a half prior to him claiming I owed him over a grand more. Since I had made that payment, no other services were given to me by my attorney. Isn't it a requirement by the Bar that the person being represented has a printed copy of all charges that the attorney is trying to collect payment on? If I really do owe him money, I have no problem paying him. However, since I had just given him over 800 dollars the week before on a statement that said "FINAL BILL" and all services up to the decree being filed were listed, I feel that this was a wrongful claim on HIS part, not mine. Throughout my case he made several references to being an "attractive female" and comments about a restaurant I had worked in for only about 2 months. I was serving food, not stripping for hundreds of dollars. Nonetheless, he made me feel uncomfortable, unconfident in my case, and cornered when I should have felt supported by someone I was paying a lot of money that I work hard to make to support myself and my son.
-------------------- Sometimes things fall apart so that better ones can fall together...
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gigi
Platinum
 
Reged: 11/06/06
Posts: 4836
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Youre saying you got full custody with 60-40 in your favor? WHat was the final settlement?
Now, on the fact that he says you owe him, you dont' until he gives you a bill, but he won't represent if he still thinks you owe him. Is it possible that he didn't look at his records on the day you & he talked (it's not like it's that easy to grab everything and have it all up on your comptuer when you get a call from someone) and didn't know that you'd paid already? Does someone else do his billing and accounting? Most lawyers have a bookkeeper or billing service.
He made you uncomfortable so don't use him again. he's a pig and was making crude suggestions, but you need to calm down and pursue the situation with your ex. Pursuing anythign with your lawyer will get you nothing except mabye a copy of whatever he says is an outstanding bill and a certified copy of the signed decree that should really be available at court for a whole lot cheaper for you.
File a complaint against him. Simple as that. From what I can tell, though, ti's not like he owes you money and hasnt' given it back, that he made any outright overatures, or anything.
And if you're saying he's not competent and you'd like to sue him for not getting everything you want in the divorce, be more specific with us and we can tell you whether it's worth looking into or whether what you got is kind of standard. Not that your ex with the sexual suggestions is standard, but we'll have to fix THAT separately from figuring out whether there's anythign to fix with your lawyer.
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gigi
Platinum
 
Reged: 11/06/06
Posts: 4836
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Oh, and it would make it a tiny bit easier to read your posts and get all the information if you tossed in a space or two. All one paragraph is kind of tough on the eyes and FEELS like you're blurting everything out without pausing to take a breath.
So breathe... and toss in a few spaces from time to time?
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MeredithP83
Bronze
Reged: 02/15/08
Posts: 28
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We settled out of court on 60-40 me being primary residence, but it is considered joint custody. I settled for this because my attorney made me feel as if it wasn't worth his time or mine to go to court. The issue at hand isn't anything to do with my ex at this point. I have pretty much accepted that I am going to be in AZ for quite some time against my will, so I have enrolled to get my nursing degree and starting classes in the fall here. My issue is that I have no certified copy of my Decree, I cannot change my name without it, and if by any chance I would need it for some visitation descrepancy with my ex (it has happened before), the police won't be able to help me. I just want to feel some closure. The divorce is supposedly final, however, I have nothing in my possession proving so.
-------------------- Sometimes things fall apart so that better ones can fall together...
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MeredithP83
Bronze
Reged: 02/15/08
Posts: 28
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The problem IS with the attorney. I am paying someone to help get what I want in my case. He did not do that. He made me feel alone and like it's a lost cause. He insulted me. I feel like he kinda made a joke of my case. I had MORE THAN ENOUGH evidence of harassment, domestic violence, and abuse than I should have needed to gain sole custody of my son, and I was made to feel that it was not possible. Now, after the fact, I know that it was possible.
-------------------- Sometimes things fall apart so that better ones can fall together...
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gigi
Platinum
 
Reged: 11/06/06
Posts: 4836
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Go down to court and pick up a certified copy. Your lawyer will charge for the certification fee, and probably the runner to pick it up. the courts don't automatically give a certified copy to anyone. They ALL cost a few bucks. Like $15-$25, depending upon where you are.
Just go to any of the courthouses of your local system and pick up one.
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gigi
Platinum
 
Reged: 11/06/06
Posts: 4836
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That's not necessarily true. It depends upon what the evidence was. Do you have certified judgments and sentences for the violent acts that he committed? Did these acts take place in front of the child? Are they felonies?
In most jurisdictions, misdemeanor level violence will not necessarily result in sole custody.
Who have you talked to who has given you this certainty that you could have gotten a better deal if your lawyer had done differently? Maybe they would be able to represent you in your lawsuit against this lawyer! I still say a bar complaint will not get you a lot. If he did the work that he billed you for, if he incurred the costs that he charged on your account, then you owe it and they're not going to give it back because you're dispapointed in the outcome.
But go ahead and get the for the complaint paperwork and file it. A phone call is usually nto enough, you need to file a piece of paper and they're going to need your signature before they do anything. You will probably also want to file a separate civil lawsuit for malpractice, which is totally separate from a bar complaint. A bar complaint will do soemthign against his license, but nothing else.
NOW... one more thing... it sounds like you made an AGREEMENT to this 60-40 plan. It sounds like you feel as though he talked you into agreeing to it. And instead, you would now like to go to trial. You might feel better if you know that whenever i've ever heard ANYONE go to trial, htey've been disappointed.
I have a friend recently out of trial. The only thing he wanted was 50-50 time with the kids and he didn't get it. HE only gets weekends... every weekend a months, but ALL it is, is weekend time. He sees the kids every evening for their extracurriculars, but it's not the same. He was the parent who woke them up & got them ready for school because the wife worked evenings & weekends & was never there for that. He was terribly upset to get weekends only.
On the other hadn, the ex wanted money. He had a lucrative home-based business and she felt she shoudl never have to work a full time job. She was saying she wanted more time with the kids and that he was violent, in a ploy to get more time with them so that she could convince th ejudge to let her be a stay at home mom (something she never was when they were married... she never stayed at home... in fact she cheated when she was supposed to be working). ALL she wanted was money. SHE was FURIOUS that she got more time with the kids but no money other than a little child support. The judge calculated the support as if she were employed full time. She is FURIOUS. NOW she ahs to have the kids all workdays, get a full time job, and not hae extra money for it. HE is upset, SHE is furious. THIS is what happens when people do not settle.
What WERE you willing ot settle for if not 60-40? Were you expecting 100% of the time with the kids? That was not going to happen! It NEVER happens even if the guy goes to prison for murder... it never happens even if the guy murdered the kids' mother, for heaven's sake (look at OJ Simpson).
And if you are looking for sole legal custody, what do you think that would get for you that he's not already entiteld to? The right to take them to a doctor without telling him? NO... a father ahs the right to knwo all this even if the mother DOES have sole custody? The right to move out of state, to take the kids away from thier home, without telling anyone? NO... you'd be allowed to leave, but he'd surely be allowed to come back in and demand that you return the kids to thier homestate immediately because that woudl be considered a "substantial change in circumstances", which is all that's needed.
Truly, what did you WANT that the 60-40 plan with you getting most of the time, is not going to get you? (I'm not trying to be rude, I'm just asking what, and explaining that most of what people THINK they'll get if they get what they want, is NOT what they'll REALLYget... if that makes any sense at all).
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MeredithP83
Bronze
Reged: 02/15/08
Posts: 28
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I wanted to be able to move to my homestate, where my son and I travel to visit as often as we can. I have no family and no support here. I do not want to take away his visitation, but I want it reworked so that I am able to live my life happily and not in a state that I hate being. I feel that my son has a right to know BOTH SIDES of his family, and not just on the occassions I can manage to get off work and have the money to do so. When I was growing up, my dad lived in Illinois and my mom lived in California with me and my siblings. We spent summer break and winter break with my dad and he was allowed to come see us whenever he wanted. I don't feel that it's right to be stuck somewhere against your will where your ex husband harrasses you constantly and you have no ties to being. He plays it as "smartly" as someone who would live to make someone else's life hell can and even if I have an order of protection, he pushes it to the limit where the authorities cannot do anything.
He was arrested and kept for 3 days in county jail for the domestic violence. I pressed charges and he was required to take an anger management class that I feel, didn't work. I have police reports, pictures, voicemails, threatening text messages, neighbors who heard everything, and even a voicemail that got recorded on my sister's phone by accident (it is 10 minutes long and you can hear everything that was going on). Now that all is said and done, he calls me constantly, no matter if I have my son at that time or not. If I don't answer, I'm a "bad parent". I have had to get a 2nd cell phone so that I can live a normal life at least part of the time. I keep the number he has turned on 24/7 when he has my son and I call him once a day at bedtime so that he can talk to my son when I have him. He has his friends keep tabs on me. If I ever go out to do anything with friends and one of them sees me or hears about it, they will take pictures on their camera phones and send it to him. Then within minutes I get a message asking why I'm out. I don't even go out when it's my time with my son, except maybe to take him to the park or something with friends and their children. I do not do anything to harm my son, but he acts as if I do. One minute he's happy as can be, the next raging mad about who knows what. I just want out of this situation. You tell me if I'm wrong for wanting away from him??
-------------------- Sometimes things fall apart so that better ones can fall together...
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