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The attorney of the child's mother is threatening the father…

The attorney of the...

The attorney of the child's mother is threatening the father with an "emergency motion" This is over the fact that the father agreed to a switch in weekends and now can no longer do that. The father has multiple examples of the mother requesting switches the same day she is scheduled to pick up the child and she expects the father to find a way to accommodate her. The father is the custodial parent. The mother has missed probably 20 opportunities the past year to spend time with her daughter and she refuses. The father has multiple examples of the attorney consistently sending him threatening emails.

Lawyer's Assistant: Family law varies by state. What state are you in?

Indiana

Lawyer's Assistant: Have you talked to a lawyer yet?

The father cannot afford. Already spent thousands to get custody after the mother was arrested for DUI with her daughter and 2 other children in the car. The father needs to represent himself pro se

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The attorney is not in family law, she is a friend of the client, takes her on vacations, and is her employer.

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Answered in 5 minutes by:
5/11/2017
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,000
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Emergency motions are provided for only when there is an urgent reason for the court to get involved, such as harm to the child or failure to abide by an order that would cause irreparable harm. If the father has made an agreement to switch weekends, then the courts expect parents to be reasonable with these requests and if the father has a good cause reason that they cannot abide with the switch AND can prove the last minute change in the agreement did not cause the mother to suffer an inconvenience the mother's motion has to be denied.
If the mother's attorney files such a frivolous motion, then you need to file for sanctions against the attorney and mother and ask the court to award you costs and attorney's fees for having to respond to this frivolous claim when the mother has not been reasonable for the best interests of the child in this matter and the mother has continuously not picked up the child as agreed upon.
The father has grounds to fight this, but it would again have to be through spending money on an attorney and proving to the court these motions are frivolous and seeking sanctions against the mother and her attorney both for continuing to file such motions.
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Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,000
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
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