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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Do judges look adversely at changing lawyers during a custody

Resolved Question:

Do judges look adversely at changing lawyers during a custody case?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
No, judges know attorneys may be changed for many reasons during a custody case and that does not get held against you unless the court finds you are changing attorneys to try to delay the case. If the court finds you are changing attorneys merely to delay the case, they can actually deny your request to substitute attorneys.


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Customer: replied 1 year ago.

Thank you that helps, However, I have been told that the judge on this case doesn't like to see a lot of problems/issues before the final court appearance and that it could affect the permanent custody order to the extent that he changes his mind about sole custody. What is the process of changing attorneys? Does it involve going before the judge again?

Expert:  Law Educator, Esq. replied 1 year ago.
Typically, merely changing an attorney is not causing problems if it is done without delaying the case. To change an attorney your attorney can file a withdrawal of counsel and your new attorney would file a motion to substitute as counsel. The changing of counsel only needs to be filed with the court, you do not have to go to court in front of the judge to do so.
Customer: replied 1 year ago.
Thank you. Not sure if I feel any better. Probably just nerves. Don't want to have sole custody changed to anything else. I know the father has lost his attorney for non-payment and my attorney said the court date for that was on the 9th, which means someone sees the judge. Don't know who. I thought everyone, but was told I didn't have to be there. I don't want to irritate the judge by also changing my attorney. Just wanted to feel more comfortable if I moved forward.
Expert:  Law Educator, Esq. replied 1 year ago.
These cases are very emotional, so I can understand you having nerves for certain. As long as your attorney is present and is telling you that you do not have to be there, then you are fine. But if you have problems with your attorney, you can change them, however, you are only 6 days away and this means that a new attorney would delay the proceeding. If you wait until after the 9th, then you can consider making the change and it would not cause disruption.
Customer: replied 1 year ago.
What I am understanding from your last response is that if I change attorneys before the court date of the father's attorney to withdraw, I will delay the process, but if I change attorneys after that date, I will not delay the process. Is that correct? If so, what causes the delay?
Expert:  Law Educator, Esq. replied 1 year ago.
If the father's attorney is withdrawing and that is the reason for this hearing (I was not aware of that being the reason) then it wouldn't really matter if you are going to change attorneys as well, since the father's attorney is pulling out already and it would just mean there would be two new attorneys or he would be pro se and you would have a new attorney and that does not delay the process.
Customer: replied 1 year ago.
Ok. Thank you.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. Please leave excellent service feedback.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88625
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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