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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101935
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I retained a lawyer to help me with a parenting plan however

Customer Question

I retained a lawyer to help me with a parenting plan however due to several things that transpired I feel she misrepresented herself and I feel that the parenting plan that she presented for me to sign was not the one agreed to in court. When I questioned her she got defensive so in the end I fired her and trying to find an new lawyer however she sent me an email today saying she was preparing the Motion to Withdraw from the case and the Order which was a parenting plan that yes I did sign but I felt like I had no choice I was scared because she kept saying its a good plan you better sign it the judge could rule and give you x more time with your son...he hasn't seen him for almost 11 months how and he is going to be 2 in Feb next year. So what i need to know is if she sends the judge the order to withdraw and the withdraw the order can the judge just go ahead and rule on it anyways or possibley come up with a new order granting my x more time or would he have to have a court hearing to do that.....I am desperate and scared right now I dont know what to do,
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If you had already signed the withdrawal motion showing your approval of their withdrawal, then the Court will normally sign the withdrawal order without further circumstance. Meaning that the motion will be approved.

If you had NOT already signed the withdrawal motion showing your approval, then the attorney cannot withdraw without a hearing. Meaning that the motion has to be set for a hearing a few days/weeks after she files it, you are to be given notice, and there has to be a hearing about it.

Normally, if an attorney withdraws, the party can ask the Court for more time for an upcoming hearing to find another attorney and the Judge will normally grant it (it is at the Court's discretion, however). To get more time, one needs to file a Motion for Continuance against any hearing that is coming up, for example. To extend a deadline, one files a Motion for Leave.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 10 months ago.
Im sorry I am confused so sorry......but I signed the parenting plan and so did my x the judge has not signed it yet...I had several questions after I signed the parenting plan because after I left her office and got calmed down from crying I remembered what she said on the tape and I reminded her that we discussed what she said after court and she was going to go with what was agreed to but that isn't what she did ...we were never married and there was several other things that transpired with all this and one was him asking for paternity after you signed to BC and Parental Afadavit.....I was told in mediation that I did not have to agree to the plan and I could file a motion to withdraw which I did but my lawyer told me that since he and I didn't agree on a plan I had to go with the mediated plan which is what he wanted but that is not was was agreed on in court....she has me so confused I don't know what to do......so i told her I no longer need her services and wanted my retainer back so she sent me an email today telling me she is going to tell that judge she want to withdraw and to withdraw the order which is the plan we signed but the judge hasn't yet.....so after this judge gets this request from her please explain again what he may do.....i guess I am scared he will be upset that I am now not wanting to agree to the plan after I signed it and my x signed it ....can the judge just say okay this is what we are going to do and come u p with a visitation plan on his own that we have to go by....like I said my x is home a month and gone a month he kicked us out of his home in Oct of 2015 and hasnt seen him since he is still denying that he is his son but wants visitations I have made attempts for him to see him as long as I was present but he refused. There are other things that have me concerned when he does get visitation but no one seem to care about those issues . I am just scared as to what the judge is going to do when he gets this motion from her and I think she is sending it today
Expert:  Ely replied 10 months ago.

Ah, my apologies. You asked: "So what i need to know is if she sends the judge the order to withdraw and the withdraw the order can the judge just go ahead and rule on it anyways"

By it, I thought you meant the withdrawal motion. It looks like you meant the parenting plan.

Yes, the Court will still approve the parenting plan because it was all signed and filed, even if the attorney is withdrawing. You can attempt to file a Motion to Set Aside the plan, but you would have to prove that you DID NOT UNDERSTAND what you were signing, or were under SERVE DURESS. This is very, very hard to do. But if you wish to set aside the signed parenting plan, this would be the way to attempt to do so.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
bot***** *****ne worse case that can happen is,,, she is going to send the judge her order to withdraw from being my lawyer and to try to withdraw the order which is the parenting plan he and I signed...the judge is just going to rule on it anyways and make us go by that specific plan because it was signed ....but is there a chance though that he can be upset about all this and grant his own plan which would give him more visitation without granting us a hearing or anything? My son is going to under extreme distress when he goes with this man because he doesn't know him he is a stranger plus he lives in a small two bedroom house with his mother and sister and two children as well so my son is going to be thrown into a situation he is not going to understand .. Im really scared for him and I guess I have no choice but to let him go for five days.
Expert:  Ely replied 10 months ago.

Please clarify: did your attorney SEND IN the signed parenting plan to the Court, yet? And did the other side also sign?

Customer: replied 10 months ago.
No she has not sent it in yet......I tried talking to her several times because I was confused as to what I heard on the court tape we listened to it together and I tried to point out what I was confused about but she kept insisting that I sign the parenting plan she kept saying I have seen this judge grant this and that and I think that this is a good plan it could get worse if you dont sign it he could give your x even longer time with your son.....my x did sign it , it was the plan he wanted I didn't agree , I came up with a plan and he didn't agree so she said we had to go back to the orginial plan which was his plan and that is the order she wrote up ...yes I did sign it but she made me feel like I didn't have a choice and it wasn't till I left her office and got settled down that I started thinking about how everything happen....so she didn't want to address my concerns so I said I no longer need your services and please send me what ever part of the retainer you did not use....this is what i got from her today..... I am sending a copy of this to my client. If she gets a new lawyer they can file a Motion to Reconsider, if necessary. Please prepare the Motion to Withdraw and Order granting it, so that she can get to work with her new lawyer.if she gets one....
Expert:  Ely replied 10 months ago.

Okay, thank you. Now, I am going to assume your ex does want that plan. If so, then their side will send it in even if you do not, if they have a signed copy and I assume they do.

If you have an attorney that is withdrawing, it is unlikely she is going to draft/file any other motions for you at this time. So if you want to attempt to set aside the parenting plan, you have to file that set aside motion yourself, or, with the help of a new attorney.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
my x doesn't have an attorney that is one of the issues i had with my lawyer...he would call her or go to her office wanting this and that done and she would talk to him and then email me saying i talked to your x and now he is wanting this added or this done and i felt like that was conflict of interest ........okay it seems like I am going to have to deal with this plan because she said she was filing that motion to the judge asap today she wanted it done is what she told her secretary. I am not going to have time to get a lawyer to file anything...she is going to have to send me back my retainer from her before I can afford to even get another lawyer...this all happened so fast so I guess I am just stuck with this parenting plan......so just to be clear please......she is sending this motion to the court ....what are the options the judge has after he gets this motion from her....can he get mad at the fact that I signed the parenting plan but I am against it and say okay well I am writing up a new order and I will give her x more time? Can he do this without having a court hearing first to find out what the issues are regarding me not agreeing to the plan now? Can he just write up his own order for us to go by and put it in place...I have been confused with this from day one and it seem no matter how many times I tried to understand it just got more confusing...we went to mediation the plan that was brought up in mediation was the one he wanted I disagreed but the mediator ended up writing up the plan he suggested but before mediation was over she told me you do not have to go by this plan its not legal or binding ...you have five days after this day to file a paper with the court backing out of this plan..if you do so you have three options you can go back through mediation or try to get together on a plan or hire an attorney....I filed the paper with the court the next day backing out of the plan and hired a lawyer but because he didn't agree with the plan my lawyer and i came up with refused to sign it my lawyer told me we had to go with the mediated plan which was what he wanted.
Expert:  Ely replied 10 months ago.

"so just to be clear please......she is sending this motion to the court"

What motion do you mean?

Customer: replied 10 months ago.
this is an email she sent me..... I will do the best I can to get out of everything. In the process of filing a Motion to Withdraw without having to do a Court Order complying with the hearing tape.
I will try not to have to do the Order. The Judge will tell me what to do, ok? this is another email she sent me I'll just try to get out of doing an Order and see what the Judge says...normally, an attorney has to write the Order the way that it was agreed to in Court but I will just say that you have no confidence in me and get out..this is one I am trying to get out of doing the Order the way that was agreed to in Court. If the Judge allows that, then you can do whatever has to be done with a new lawyer.
I think the Judge will want me to do the Order as we agreed in Court, but I am asking to get out of all of it.I think the order she is talking about when we went to court in the beginning she told the judge okay we have a mediated plan that was agreed to but it wasn't agreed to ..she said we have an issue with paternity.....then at one point she said to me so you are agreeing to two weeks of slow introduction then the next week your going to do one over night and if goes well the next week will be the two overnights and I said yes and she asked my x so you agree to the weekend visitation time and he said yes.....so that is what she was suppose to write up as the order for the parenting plan but it went from that to him getting him wed-sun ...so i am guessing the motion is for her to be withdrawn as my counsel and the order is the parenting plan he and I signed that needs to be sent to the court for the judge to sign before it becomes an order of the courts
Customer: replied 10 months ago.
I am just really scared what the judge is going to do without knowing all the circumstances surrounding why I am now not agreeing to the plan that we signed......I am afraid its going to make him mad that she is filing this motion to withdraw and not to put the order in place and he is going to come up with this own plan and make us go by it since we are both not in agreement
Expert:  Ely replied 10 months ago.
Hello,
With respect, I am having a very hard time following you. Please, let us stay at one point at a time.
what are the options the judge has after he gets this motion from her....can he get mad at the fact that I signed the parenting plan but I am against it and say okay well I am writing up a new order and I will give her x more time?
The plan will be enforced unless you file a motion asking to have it voided. If so, the Judge will not be "mad." They will just hear the motion and make a decision.
Can he do this without having a court hearing first to find out what the issues are regarding me not agreeing to the plan now?
No, this will be heard in open court at a hearing.
Can he just write up his own order for us to go by and put it in place...
Very unlikely that the Court would do this.
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Customer: replied 10 months ago.
My sincere apologies I am just extremely scared right now and very sick because of this ....on point...So who has to file motion to have the plan voided ...i cant get a lawyer right now so that is out of the question till i get my money back. So the other option is if can't get a motion filed in time to get this voided he will most like put the order in place my lawyer was going to submit and not bother with a court hearing
Expert:  Ely replied 10 months ago.
No worries. It is perfectly okay to be a little anxious and I understand.
Once/if the plan is filed with the Court, you have to file to void it.
If you cannot get an attorney now, you have to either file it yourself or do so once you get another attorney. There is no other motion I am afraid besides the one asking the Court to void/set aside the agreed order.
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Customer: replied 10 months ago.
I just receive and email from my lawyer and she didnt file to do anything she just sent in the parenting plan like she said she was going to in the beginning so again this is her not doing what she said she was going to do ...how do i go about filing this paper to void the agreement
Expert:  Ely replied 10 months ago.

This is very complicated. I am afraid that it is impossible for me to tell you the ins and outs of motion practice via this chat - it is meant to be general information only, I am sorry.

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Customer: replied 10 months ago.
I thought it said you could help with anything when i signed up for this i didn't mean for it to get complicated i have never understood any of this process from day one and i thought that is what you hired lawyers to do for you ......I am going to have to file that paper on my own I just dont know how to go about it.....but okay I guess I will just have to try and figure this out.....i just dont understand how fighting for the rights of a one year old just gets so complicated.
Expert:  Ely replied 10 months ago.

With respect, I never said that I could help you with "anything." In fact, we had not spoken until only AFTER you signed up to the site, as otherwise it would not be possible for you to speak with an expert. And the disclaimers on the site make it clear that this is general information only and not legal advice. Experts cannot walk you through how to draft file a motion, I am afraid.

Custody is very complicated, I am afraid. It is not a simple matter. This is why many parties use attorneys.

Good luck.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
Im sorry I was not talking about you I was talking about the money I spent hiring a lawyer and its not about custody I have custody he is just fighting for visitation though a parenting plan
Expert:  Ely replied 10 months ago.

No problem. Hopefully you can get some of that money back to retain another attorney.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.