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My current husband served me with emergency temporary

Customer Question
My current husband served...

My current husband served me with emergency temporary custody order I was a stay at home mom for five years and he will not allow me visitation of my son i was his primary caregiver how can i stop this order

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

Georgia

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

He is trying to get the records pulled to see what grounds he put in his affadavit but he seems to take his time on everything but i have already paid him

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

Im just confused about what is going on

Submitted: 8 months ago.Category: Family Law
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Answered in 10 minutes by:
11/15/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,893
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.

On an emergency temporary order, you are entitled to a hearing within a reasonable time of the order being issued. So your attorney should be filing for a hearing and all of the information that was used to obtain the order should be part of the public record in the clerk of court's office. You can go to the clerk of court's office and request a copy of the pleading yourself without paying the attorney to go do it for you or paying him to send it to you.

Your attorney should be pursuing an objection and motion to vacate the temporary order and you should be preparing the evidence to show that there is no danger to the child such that an order of this nature is warranted.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
Can I ask my attorney for a refund if they have need really been on top of their duties by acting diligently
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Thank you for your reply.

If your attorney has not properly represented you in this matter you can file a fee dispute and seek some type of refund for them not performing their job. However, if they are doing what they are supposed to do with this case you would not have any legal claim.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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