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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am going through a divorce and custody battle. I had an

Customer Question

I am going through a divorce and custody battle. I had an attorney. We went to court and he didn't speak unless I told him to. I was having my son Sunday-Wed. then my ex decided it was a problem that I smoked marijuana. I know it is illegal in SC but I have smoked since we met, dated, and married. So now until hair strand is clean, I have every other weekend supervised visits. Judge is making us both have psych eval. due to her mental instability. Only problem is this evaluation is 500.00 and I only have 5 days to get it done. I can't afford it this week, and my attorney is not helping me at all even though I have paid him 2000.00 already. What do I do? My son is my life, and, when I can pass my test, I want custody.
Chris
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Every time we come to an agreement, it works for a while, then she all of a sudden changes her mind and serves me with papers. She was arrested before we separated for CDV but keeps saying she is scared of me. I have never touched her.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Chris, I am sorry that you find yourself in this situation. I must be realistic with you even if you may not want to hear it. Get off the pot. Until it becomes legal, it is a controlled substance and the courts see the use of it as showing 'unfitness' on part of the parent, and therefore they see it as grounds to take away custody. You can file with the courts and seek a financial hardship exception but since this is an issue the courts did not create but it was your use, the courts would generally not help until you cover the costs yourself. Now, you may want to do a search in your area for men's groups that assist those with custodial matters and see if any of them can assist with low cost help, or can even subsidize your costs, but keep in mind that in your case a judge will likely not be very sympathetic if you are unable to perform this evaluation.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
I understand I have to quit...haven't smoked in 3 weeks. My concern is not having the psych eval. done in the timeframe the judge gave me and my lawyer is NOT out for my best interest.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

If you do not get it done within the timeframe the judge won't let you see the child. He will either state that you are not yet someone who proved his 'fitness', or you are in outright contempt of court if this was ordered by the judge. Neither is a good situation to be in. The former makes it harder to get custody going forward, and the latter pisses off the judge going forward so that the judge may be less willing to rule in your favor going forward. Both have to be avoided.

Sincerely,

Dimitry, Esq.

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