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LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience:  Experience in handling divorces, custody issues and child support quandries.
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Divorce case filed in TX, husband living in SC with his son

Resolved Question:

Divorce case filed in TX, husband living in SC with his son and daughter in law. 1st court dt he failed to show, his atty said he was too ill to travel. 2nd court dt; his atty provided a letter from a MD stating he was so ill with cardiac problems that he could not travel > 100 miles. I just found out his daughter in law works as a nurse, and in 2002 found guilty of altering her nurses license/practicing nursing w/o a license for 7 mths. I have access to his ins filings: he has not seen a cardiologist since he moved to SC. The MD who wrote the note 1)is not primary 2)family practice at a diff clinic as primary 3)only seen once 4 days before court, 4)cardiogram claim denied by ins co as duplicate and unnec. He had cataract surgery 3 wks after court dt w/anesthesia. I think his daughter in law had a MD friend do the cardiogram and write the note so he can avoid court. Nxt dt is 2/24, is there way or time to cast doubt on validity of his claim that he is too ill to travel?
Submitted: 7 years ago.
Category: Family Law
Expert:  LegalEase replied 7 years ago.
Your attorney can object to the continuance when it is requested the next time and present evidence showing that the continuance is just to seek a delay. That is where your evidence that you believe the medical issues are being trumped up can come into play.

Just as a side note, the fact that your attorney isn't board certified shouldn't necessary be a cause for concern. There are plenty of attorneys that practice in Texas without certification. The requirements for board certification are as follows:

Q2. What are the basic requirements to become Board Certified?

To become Board Certified in a specialty area, an attorney must have:

Been licensed to practice law for at least five years;

Devoted a required percentage of practice to a specialty area for at least three years;

Handled a wide variety of matters in the area to demonstrate experience and involvement;

Attended continuing education seminars regularly to keep legal training up to date;

Been evaluated by fellow lawyers and judges;

Passed a 6-hour written examination.

Basically, an attorney can have all of the above experience and just have not taken the exam. The exam is the only that seperates most more "mature" (5+ years of practice) family law attorneys from a Board Certifed family law attorney.

That said, if you do not think your attorney has the time to properly devote to your case, I certainly do encourage you to consider releasing him from your service and using or google to find an attorney who can be more responsive to your needs in Dallas County.
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