Divorce Support Forums: Problem attorney!

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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