Lawyer refuses to go to court for protection order

[JKBee]

What is the name of your state (only U.S. law)? WA

My son is in the middle of a divorce. Wife has moved out, moved in with boyfriend. Boyfriend turns out to be baby's father. Wife gets visitation with children. Children come back from each visit (three visits) not fed, badly dehydrated, bruised, and beaten by mother's boyfriend.

After trying every which way to find help, CPS finally pays attention and takes on this case. CPS finds mother's boyfriend to be abusive. Can't state more on this at this time.

The problem is, the lawyer he has is refusing to go into court with the letter from CPS stating the visitation is endangering children to get an emergency change of visitation. Won is wanting mother only to get supervised visits, without boyfriend involved further. This is what CPS has even recommended. Lawyer is stating since the baby is not my son's, then he has no duty to continue with the baby.

Since both children are involved here, isn't he obligated to go into court as his client is not only requesting such but demanding this?

At this point all funds are tied up with this lawyer and can't afford the thousands of dollars other lawyers are asking to get into this. If he goes with legal aid, what does he need to know?

And yes, I have been posting varieties of this, but this is specifically about the responsibilities of his lawyer and my son's need for some good representation.

[Proserpina]

Originally Posted by JKBee

What is the name of your state (only U.S. law)? WA

My son is in the middle of a divorce. Wife has moved out, moved in with boyfriend. Boyfriend turns out to be baby's father. Wife gets visitation with children. Children come back from each visit (three visits) not fed, badly dehydrated, bruised, and beaten by mother's boyfriend.

After trying every which way to find help, CPS finally pays attention and takes on this case. CPS finds mother's boyfriend to be abusive. Can't state more on this at this time.

The problem is, the lawyer he has is refusing to go into court with the letter from CPS stating the visitation is endangering children to get an emergency change of visitation. Won is wanting mother only to get supervised visits, without boyfriend involved further. This is what CPS has even recommended. Lawyer is stating since the baby is not my son's, then he has no duty to continue with the baby.

Since both children are involved here, isn't he obligated to go into court as his client is not only requesting such but demanding this?

At this point all funds are tied up with this lawyer and can't afford the thousands of dollars other lawyers are asking to get into this. If he goes with legal aid, what does he need to know?

And yes, I have been posting varieties of this, but this is specifically about the responsibilities of his lawyer and my son's need for some good representation.

The answers haven't changed.

[JKBee]

C'mon Dogmatique. I could really use some help here. I am needing to know my son's options. Is the lawyer right? Does he have to go to legal aid? Does legal aid do anything more than just help fill out paperwork?

[justalayman]

apparently there is more information concerning this in another thread. It would not be prudent for anybody to attempt to provide and advice without a lot of questions and answers and since there is another thread involving this, just keep it all there.

[Proserpina]

Originally Posted by JKBee

C'mon Dogmatique. I could really use some help here. I am needing to know my son's options. Is the lawyer right? Does he have to go to legal aid? Does legal aid do anything more than just help fill out paperwork?

J, you've been told this on at least one occasion - your son is absolutely entitled to fire the attorney and hire someone else. If he truly feels that the attorney is not fulfilling his duty your son needs to inform the court and request a continuation. If the attorney is acting in breach of his duty he can be sanctioned - but if the attorney is refusing to do something because it has no basis in law it's a different matter entirely.

[JKBee]

Thank you so much, Dogmatique. The lawyer has said as soon as my son got it in writing from CPS that visitation is a danger to the children, he would go into court for a change of visitation. My son wants supervised visitation only. We all want mother to be a part of kids lives, but not to endanger them. The lawyer has also neglected for the three months that my son has had custody of these kids to go in for a child support order, in spite of frequent requests from my son for him to do so.

I am sure none of this is illegal, and do not see why the lawyer is refusing to do anything. Finances are really tight supporting son, grandkids and ourselves. I really do need advice about what he should do.

And if this should be part of my original thread, would someone please tell me how to do this? I am almost totally computer illiterate, but am trying to learn.

How do we go about getting this lawyer sanctioned?

[Proserpina]

Originally Posted by JKBee

Thank you so much, Dogmatique. The lawyer has said as soon as my son got it in writing from CPS that visitation is a danger to the children, he would go into court for a change of visitation. My son wants supervised visitation only. We all want mother to be a part of kids lives, but not to endanger them. The lawyer has also neglected for the three months that my son has had custody of these kids to go in for a child support order, in spite of frequent requests from my son for him to do so.

I am sure none of this is illegal, and do not see why the lawyer is refusing to do anything. Finances are really tight supporting son, grandkids and ourselves. I really do need advice about what he should do.

And if this should be part of my original thread, would someone please tell me how to do this? I am almost totally computer illiterate, but am trying to learn.

How do we go about getting this lawyer sanctioned?

Forget about sanctions. It is NOT important at this stage. If you genuinely want to help your son, help him find another attorney. That should be the priority. You said on the 17th that your son was going to Legal Aid. Did he do that? What happened?

And for heaven's sake QUIT using the "WE". If you find yourself in that court-room and keep acting as if it's your case you are going to be slammed so hard by the judge your head will spin for a month. And it WILL damage your son's case.

Get him a new attorney.

[JKBee]

help him find another attorney. That should be the priority. You said on the 17th that your son was going to Legal Aid. Did he do that? What happened?

He had to wait until he got this letter from CPS before he could take any action, according to his lawyer. He did go down and apply for legal aid and he is going down tomorrow to have them help file the paperwork for an emergency hearing on the visitation change. He did get accepted, but again, it was just waiting for CPS to do this letter for him.

It would be nice if he knew what to expect from legal aid.

I know this is the dumbest question, but it is a little difficult to get a lawyer without any money to put down for a retainer. If you have any advice here, it would be most appreciated.

I keep using "we" here because his lawyer has told him to have me do all the affidavits in this case. He made the smart alec retort to me that either I could do this for my son, or he could charge my son to do them. Since I have alot of writing experience (not on a computer), it has really dragged me into this. And I do know enough to not speak in court. Went through my own custody battle years and years ago with daughter. Here lawyer is not doing anything.

[Ohiogal]

A letter from CPS means nothing. It is hearsay and inadmissible. Also if CPS feels the children are abused, neglected or dependent they are OBLIGATED to take this case to court in the proper juvenile setting and open a dependency, neglect or abuse case. At which point DR court does NOT have jurisdiction to make any decisions regarding the children.

[LdiJ]

Originally Posted by Ohiogal

A letter from CPS means nothing. It is hearsay and inadmissible. Also if CPS feels the children are abused, neglected or dependent they are OBLIGATED to take this case to court in the proper juvenile setting and open a dependency, neglect or abuse case. At which point DR court does NOT have jurisdiction to make any decisions regarding the children.

The problem is that dad has custody, and its during mom's visitation that her boyfriend is being abusive. CPS often won't take real action if the child is not in the custody of the abuser. CPS will simply tell the custodial parent to keep the non-custodial parent away from the child.

Therefore OP's son really does need to file for an emergency hearing, but he also needs the CPS caseworker to actually testify.

[Proserpina]

Originally Posted by LdiJ

The problem is that dad has custody, and its during mom's visitation that her boyfriend is being abusive. CPS often won't take real action if the child is not in the custody of the abuser. CPS will simply tell the custodial parent to keep the non-custodial parent away from the child.

Therefore OP's son really does need to file for an emergency hearing, but he also needs the CPS caseworker to actually testify.

They will in virtually every county in WA state, particularly in a case where custody is currently in dispute.

(As OP will confirm - this has muddied the waters substantially in her son's case and not only because paternity is being challenged at the same time)