Did I make a mistake? I hired an attorney in Feb of 2014 ($1500) It took him until June to file the divorce
. Took him until Sept to get us to mediation
... and then things just stopped. I would call/e-mail/text him to ask about my case and he would always tell me that he was just waiting to hear from the opposing counsel. He told me that my wife's atty had not responded to a single call, text, mail, or e-mail. He STILL claims he hasn't heard ANYTHING from opposing counsel since Sept 2014.
In the first part of December 2014 I gave him a list of my terms to present to my wife's atty (mainly a set visitation
with my kids). By Jan, he still told me he was waiting for a response from the opposing counsel. I stopped contacting him, and gave him room to work. The first of March,(a whole year now) he e-mailed me and asked how I wanted him to proceed with my case, because he hadn't heard from me in a while. I asked for temp orders since my wife wasn't allowing me to see my kids very much. He just gives me a run around, but said he needed $1200 more for me to be current on what he had done so far. So I paid.
Now - as of June 12, 2015 my wife has refused to let me take my kids (she does this every summer to interfere with me getting extended time, but this is a new level). Since THAT day I have hounded my atty to get a hearing for temporary orders
so that I can see my kids. He told me he would need another $1500 retainer, so I paid.
We are now Aug 4, 2015. He just barely told me last week that a judge finally "signed off" approving a hearing. Okay. Now what? This week my atty is telling me that we have to wait for scheduling, and he doesn't know how long that will take - since it's summer time and it's difficult to get judge and opposing counsel to agree to a date.
Is this routine? Can opposing counsel just refuse to communicate with us - and this just gets dragged out forever? I have been asking and begging for temporary orders since March.
Note: My wife claims it is my atty that won't return the calls.
I am not behind on child-support. Never have been. But I have not been allowed to see my kids all summer, and school starts in 2 weeks.
I mentioned to my atty a few weeks ago that I didn't feel he was doing his job. His response: "I disagree with your evaluation of the situation. If that's how you feel then it's time for us to part ways."
Seriously - he's going to abandon me when things are super crappy? AND he already has my $?
I am at a complete loss.
Today - my wife agreed to let me pick the kids up tomorrow IF I sign a notarized statement that reads:
August 5, 2015
I, XXXX , acknowledge and recognize YYYY as having permanent and full custody of our children A, B, and C. I acknowledge I only have visitation to the children listed above. I understand this agreement is only for the following dates and times for visitations with my children.
Pick up: Weds. 8/5/2015 8:00 am - Drop off: Sat. 8/8/2015 9:00 pm
Pick up: Thur. 8/13/2015 8:00 am - Drop Off: Sun. 8/16/2015 9:00 pm
I acknowledge I will be in violation of my visitation if I do not adhere to this agreement. I acknowledge law enforcement will pick up and take my children away from me if I am violation of this agreement.
How binding is that agreement, when signed and notarized? I just want to see my kids! But I do not want to acknowledge that she has permanent and full custody. But she demands that is what the agreement has to say, or she will not allow me to see the kids.
I also don't want the kids to be taken from me by the police.
I'm in Utah.
I know this is a loaded question - but i am at my wits end, and need somebodys help.