How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27646
Experience:  Attorney with experience in family law.
26798026
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

What do you do if your lawyer wont ask you want....if my

Customer Question

what do you do if your lawyer wont ask for what you want....if my daughter asks for 50/50 custody and the judge says no, what happens .............because her lawyer says he will not ask for 50/50
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

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.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.