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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My daughter had an extremely poor attorney for her divorce.

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My daughter had an extremely poor attorney for her divorce. The attorney told my daughter to be at court today at 1:30 when it actually began at 8:00 a.m. It made my daughter look like a fool. She received no settlement. Is there anything that can be done about this attorney?
My granddaughter is 8. She has repeatedly stated that she wants to live with her mother. Nobody listens. How can this be resolved?
The children are in need of counseling. The father will not allow it much less pay for it even though he makes over $100,000. How can this be resolved?
The father has refused to allow the children to see their uncle, my son. How can this be resolved?

Dear JACUSTOMER - There are two issues. One the representation of counsel and two the court decision. First, if you want to file a complaint against the attorney you may do so by sending a written complaint to the Bar Association and claim attorney neglect and misconduct. Giving out the wrong court time is negligent on its face.

 

As far as the court decision, I have no idea of all the facts regarding the case.so I can only comment in general. An 8 year old is not permitted to testify in court and has no say in the matters of custody or visitation. That is based on the best interest of the child on all the facts presented in the case. If the lawyer failed to present the case in its best light then that is another issue for an appeal of the decision.

 

Your daughter can appeal the court's decision based on ineffective assistance of counsel and any other errors made at trial. I would assume your daughter was at least granted visitation if the father has custody. Assuming that then her brother can visit whenever she has the child for her visitation unless the court specifically said he was to have no contact for some reason.

 

So you need to file a complaint with the Bar Association and appeal the court's decision based on the various issues I mentioned. I have included the website for the Bar below.

 

Dave Kennett

 

http://www.calbar.ca.gov/

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