I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your daughter's situation.
The judge will award custody that he thinks is in the best interests of the child. So, if the judge doesn't think 50/50 custody is best, ***** ***** assign 60/40 custody or 90/10 or whatever he thinks is appropriate. The judge wouldn't simply decline a request for 50/50 custody and do nothing else - he'll enter an order stating what custody should be going forward. And if his reasoning is not supported by the evidence, your daughter will be able to appeal.
As far as the lawyer goes, lawyers are typically entrusted to make strategic decisions regarding the case, but the client is the one who ultimately gets to make the big decisions. The first step is to ask him to explain WHY he won't go for 50/50 custody (this may be better to do via email, because the lawyer can think about it and write out his reasons and she'll be able to think about her response before she sends it). But if he absolutely refuses to do what she wants, and he doesn't agree with his reasoning (or refuses to explain it), she has a right to fire him and hire another lawyer who will do the work. If she fires him, she's entitled to a refund of any portion of the retainer she's given that he hasn't earned yet.
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