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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110540
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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i feel like my lawyer is dragging his feet on this,she has

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i feel like my lawyer is dragging his feet on this,she has been gone for 5 months.i dont know if its a boy or a girl,or their this normal that the husband and the father has to wait it out for her to be brought back to MO. for the custidy to learn of the child?Is there anything that can be said/or filed to the court to force her to communicte with my attorney as to the well being of the child?hHe filed for the divorce three weeks ago and finally last week i hired an investigator and had her located in 30 this normal that i should be figuring this out?just seems things are moving to slow and i feel we should be into this mess by now.please explain to me what is realistic for a lawyer to have done to this point.problem is that i dont know what to expect and im stressed out that the jobs not getting done.
Divorce and custody cases do move slow and if she is not communicating, your attorney can only file a motion to compel discovery from her to make answer questions posed to her. It is normal that other spouses do not want to cooperate in these divorce/custody issues and they resist having to go back to the state, so your attorney is going to have to force her back by filing for a court order to make her come back to the state. All of these things take time through the courts. If your attorney is not filing any motions in court to compel discovery or force her to return, you need to push your attorney and ask them for their reasoning and if they do not give you a valid reason you have a right to get a new attorney who will work for you and pursue these matters. However, if your attorney has filed and is simply waiting on responses or court action, there is little even he can do until the court does something.

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Customer: replied 3 years ago.

ok so he files the motion to compel discovery,the court if it grants it......then what?is she then served with it?and if served she has a time frame to respond/and if she doesnt?

If she refuses to respond to the motion to compel, the next step is filing a motion to show cause for contempt of court and in that motion the court can then issue a warrant for her arrest for failure to follow the court's orders. It is a step by step process the attorney has to follow.
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