QUESTION
The father of my 11-year old daughter has filed for custody and I can’t afford an attorney. What do I do?
Asked on Jan 27th, 2013 on Child Custody - Arizona
More details to this question:
I regained custody of my daughter in August 2012, which I lost in 2005 when I was addicted to drugs. My daughter had been placed with my parents. I emergency petitioned for custody in August and was granted. He came to the status hearing in December and served me with custody papers. I have just received papers in the mail from his new attorney asking for every financial piece of paper for the last 5 years and four pages of other interrogatories. I don’t have the money to retain an attorney since I have my 11-year old and I have a 15-year old daughter I also have custody of. What can I do to fight this? He has been absent for more than 10 years of her life. He has had only a handful of visits and does not know her. She does not want to live with him, only wants to be able to visit him. Even since he filed for custody in December, he has only talked to her one time. What can I do?
11 ANSWERS
John J. Carney
Legal Aid handles Family Court cases when there is a chance that you will lose custody of your children. Call Legal Aid or the Assigned Counsel Program in your city if you are in New York.
Answered on Feb 24th, 2013 at 8:36 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Borrow money and find an attorney. Or read books and act as your own attorney. You have to respond and provide the paperwork he's asking for. Doing this on your own will be tough but it can be done. You can ask the court to order him to pay some of your attorney fees.
Answered on Jan 30th, 2013 at 5:28 PM
John Arthur Smitten
From this fact pattern it seems highly unlikely he will prevail however you should retain counsel.
Answered on Jan 30th, 2013 at 5:28 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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If your child (God forbid) developed a life changing illness that would seriously hurt her in the long run, would you say you cannot afford medical care? You need a lawyer. Nothing else will do. I understand financial difficulties, but you have to look for help. Contact the Legal Aid Society. Contact at least ten large law firms near where you live and ask if they have pro-bono departments. Contact your local bar associations and ask for help. Contact churches for money to hire an attorney.
Answered on Jan 30th, 2013 at 5:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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you will have to defend yourself, provide proof of your sobriety, your care for you other child, and his not being in her life for ten years. Apparently you or the Court is also asking him to pay support which, I suspect, is the main cause of this present reaction. I think you should seek an attorney and make payment arrangements with him or her.
Answered on Jan 30th, 2013 at 5:25 PM
You could seek to obtain attorney services through the Legal Services organization in your area, provided you meet their income qualifications. You could try to obtain counsel on a payment plan basis or try to an attorney who might represent you pro bono. You can also attempt to represent yourself, but that is generally only a last resort.
Answered on Jan 30th, 2013 at 5:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Call the Idaho Volunteer Lawyers Program to see if you qualify for pro bono legal services.
Answered on Jan 30th, 2013 at 5:25 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Anyone can represent themselves. There is a resource center in Family Court where they can give you some help. You may be able to qualify for pro bono representation. I do know attorneys are available for PFA's, not sure about custody but if you call someone would be able to help you.
Answered on Jan 30th, 2013 at 5:25 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Though scary, I wouldn't stress about this too much. If he has played no role in your daughter's life, then he is unlikely to get a significant increase in his custodial time. If your daughter indicates to the mediator that she would prefer limited contact with dad, that is likely to be what happens. As for the responses, if the only issue is custody and visitation, object to any document request that deals with financial issues. They are not relevant to the matter at hand. You may be able to find an attorney to assist for free by contacting your local bar association.
Answered on Jan 30th, 2013 at 5:24 PM
Steven D. Dunnings
See if you can get legal aid help.
Answered on Jan 30th, 2013 at 5:23 PM
Even if you cannot afford to hire an attorney, I recommend you consult with a lawyer who can give you an idea of what to expect and how to proceed. Custody and parenting time decisions must be made in the "best interests" of the child, so an attorney can explain the factors that the court would be considering to make that determination.
Answered on Jan 30th, 2013 at 5:22 PM