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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19281
Experience:  B.A.; M.B.A.; J.D.
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I am a disabled veteran and my sons mother used my pain medication

Customer Question

I am a disabled veteran and my sons mother used my pain medication to take my 50/50 custody away 5 years ago and has constantly been in contempt every time we go back to court (almost 2 times a year in last 5 years)and I complete everything she asks. I finally was able to retain an attorney thanks to a friend lending me over 12000. My attorney asked me to write what i was seeking and show all proof of my ex lying and many other things. Overall this took over 6 months from time I signed retainer to court date. Many, many times I tried contacting my attorney only to go unanswered or waiting many days to hear back from her assistanra, but barely talking with attorney. She did make me document and send her everything my ex was doing to show contempt and alienation from my son. On the day of court I had many family members and friends there to support me, and my lawyer looked like she was either hungover or sick. My ex was pro-se. We were told to mediate even tho my ex and I had mediated numerous times with no success, my attorney originally stated that we would not be seeking mediation but standing in front of a judge. That did not happen, and when we set in mediation my attorney did not represent anything that I had written or that she had written to show that my ex was in contempt and just doing whatever she wanted to keep my son from me. I did ask to speak with my attorney outside, and did tell her that I was not happy with what was going on and why did I spend so much time writing and getting proof for her not to fight for me her and her response was that the deal I was getting was the best deal she could get and that if I went in front of a judge I may not get this my wife had to come outside and also believes that I was not getting the best representation that I had paid for. I believe I did the majority of the work and waited all this time for something that I probably could have gotten myself being that we will both probably would have stood in front of a judge without attorneys this is been going on for far too long and this attorney was even recommended by a father's group to fight for father's rights which she did no fighting. All she did was sit in the room and write down what the mediator was telling us what we should do. What can I do to fight this now she's seeking an additional $1,500 because we went over what's the retaining hours were originally designated for. I am glad that I have my son back but I'm retired disabled veteran and I only see my son two weekends a month and one day during the week this is unacceptable and I had told my attorney this was unacceptable but she told me to take the deal can someone please help me with what I can do in the state of New Jersey
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
If you do not agree with the terms of the mediation, you do not have to sign off on the agreement. You need to go back in front of the Judge and tell the Judge that your mediation has failed to resolve the dispute between the parties just like numerous times that mediation had been attempted. If you do not have any confidence in your Attorney, then you need to resume doing this on your own and tell the Court exactly what your son's mother has been doing to interfere with your parenting time. You can ask permission of the Court right at the open Court to submit what you have written down regarding the mother's actions. You must also give a copy of this document to the mother at the same time. Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.