Bad Lawyer lost my babies

[goodmama1]

What is the name of your state?What is the name of your state?Indiana. I just finished a messy divorce/custody battle. My attny did a poor job. He allowed many delays. He didn't push for anything for me. He lost VITAL evidence proving abuse by my ex. He didn't return calls or emails for weeks. He wouldn't give me my original (or copies) documents. (He didn't deny me, just didn't respond). Prior to each important event leading up to trial, he demanded money or threatened to drop case. An hour before trial he told me the judge was going through a divorce. His wife had embarrased him around town by drinking and partying. He told me I strongly resembled the judge's wife physically. He told me my ex's attny was aware of this info and was planning to play up the idea of me being a drunk. He told me even though it wasn't true it would just make the judge annoyed so it would work in our favor. That was his "plan' for my trial. During trial, he didn't call me back to the stand to answer for these accusations by my ex. He failed to ask my witnesses pertinent questions. He seemed lost during trial. He gave me false legal information. (Specifically he told me as a mother leaving an abusive husband, I'd have to be an axe murderer to loose them.) My appeal attny was surprised I didn't know I got no preference for being their stay at home mother and having provisional custody. My ex had a cut throat attny who made me out to be a drunk who runs around without her clothes. NOT TRUE!!! Bottom line is I LOST my babies to my abusive ex husband due to a rotton attny. My case is now in the appeal court. I hired a new attorney to do the appeal for custody. The rest of my settlement is bad also. Financially I didn't get anything, I got no back child support, no medical bills paid, and my ex got SOLE custody. I still owe my old attny $6,000 so he won't even return my calls asking for my file. I still need him to address visitation issues and he won't respond. If I loose my appeal (I'm told only 20% are overturned on appeal) can I get a retrial based on poor representation originally, or did I loose that option by proceeding to appeal? Is there anything I can do legally to make this right short of waiting for my ex to screw up and hurt the children?

[stephenk]

You have a pending appeal. There is nothing anyone on this board can offer.

However, there must have been some compelling evidence to have your hubby get sole custody and not pay you spousal support. how long were you married?

[goodmama1]

The judge admitted it was a very difficult decision. So I guess none of the evidence was VERY compelling. In the divorce decree, there is no statement refering to any reason for his decision. It only states that father is fit. It does not state mother is not fit. I even won the custody eval. Since the judge didn't give me any reason, I can't answer that all important question of WHY??? My own conclusion is that I claimed my ex was abusive and was unable to prove it to the judge, so he was harder on me. I described many instances of abuse. I showed pic of my face. My attny lost evidence of county's documentation w/domestic violence unit. He failed to ask my witnesses about events they actually witnessed. My ex denied everything. He was charming and persuasive. I was angry and resentful. He showed three pics of me in my bra (that he took) and told stories of my out of control drinking. It was fabricated, and my attny was almost amused by the attempt. He didn't do much except ask my ex if I was an alcoholic, which my ex answered no.

As to spousal support. I wasn't allowed to discuss $$ at all during trial. He owed me for supporting the kids during the seperation, but I wasn't granted anything. I assume this is because by trial time I had a good job.