Confused - Want to see my kids

What is the name of your state? Arkansas

I left my husband on July 4. We have two children together. We agreed upon a joint custody agreement which we put in writing and both signed. He however said that he would not agree to the divorce and was convinced that because he didn't want the divorce that I would have to remain married him for the rest of my life.

Long story made as short as possible - it was his night with the kids and he decided that I couldn't have them for my time and now refuses to follow what we had agreed to (no Judge had signed it, so I know it's not valid). I have not seen my kids since July 21, when he allowed me to have lunch with them (them including him). It was a bad situation. The last night they stayed with me was July 13. He continued saying that we could not be divorced.

I hired an attorney to file the Divorce and custody on July 28 (the soonest I could get the money). My husband also filed divorce on the same day resulting in two open divorce cases with two different Judges. My attorney finally filed a response on August 3 and a counterclaim for divorce because my husband had threatened to drop the divorce to prolong the situation. Problem is, there have been so many errors already made by my attorney. The response and counterclaim say that I live in a different county than I do and that we got married in 2006 instead of 1999. Now my husband says that this attorney can not represent me because he had paid him money back before I met him (in 1997). Could be mind games, I don't know. I can't get my attorney to return my calls and I am feeling like a pest because I'm calling everyday.

Is it normal for an attorney not to send copies of the papers that have been filed to their client? Is it okay that this attorney is representing me even if what my husband says is true? Could these errors in the papers affect anything? Do I need a different attorney already? I'm scared and I guess I expected that this attorney would get something to where I could see my kids at least if not temporary custody by now. Please help.

bnp1978 said:

What is the name of your state? Arkansas

I left my husband on July 4. We have two children together. We agreed upon a joint custody agreement which we put in writing and both signed. He however said that he would not agree to the divorce and was convinced that because he didn't want the divorce that I would have to remain married him for the rest of my life.

Long story made as short as possible - it was his night with the kids and he decided that I couldn't have them for my time and now refuses to follow what we had agreed to (no Judge had signed it, so I know it's not valid). I have not seen my kids since July 21, when he allowed me to have lunch with them (them including him). It was a bad situation. The last night they stayed with me was July 13. He continued saying that we could not be divorced.

I hired an attorney to file the Divorce and custody on July 28 (the soonest I could get the money). My husband also filed divorce on the same day resulting in two open divorce cases with two different Judges. My attorney finally filed a response on August 3 and a counterclaim for divorce because my husband had threatened to drop the divorce to prolong the situation. Problem is, there have been so many errors already made by my attorney. The response and counterclaim say that I live in a different county than I do and that we got married in 2006 instead of 1999. Now my husband says that this attorney can not represent me because he had paid him money back before I met him (in 1997). Could be mind games, I don't know. I can't get my attorney to return my calls and I am feeling like a pest because I'm calling everyday.

Is it normal for an attorney not to send copies of the papers that have been filed to their client?

Yes. Unless you request them you don't necessarily need them sent to you because they are in your file in his office. You have a right to see them and many attorneys will review them with clients before they file.

Is it okay that this attorney is representing me even if what my husband says is true?

What did he represent your husband for? A conflict exists if the attorney is representing someone with relevant knowledge from his representation of the opposition. If he paid him money on a completely unrelated matter -- parking tickets or something -- then it would be okay for him to represent you. If he represented him on setting up a swiss bank account that may not be okay.

Could these errors in the papers affect anything?

Depends. Was it a typo? How is it worded? It could easily be amended and corrected.

Do I need a different attorney already? I'm scared and I guess I expected that this attorney would get something to where I could see my kids at least if not temporary custody by now. Please help.

Click to expand...

Not necessarily .. when is the first hearing on the temporary orders?

Sorry, I don't have regular access to the internet....

Even when I request the papers, I don't get them. I have to go to the Courthouse to get them, and the attorney has not returned one single phone call. I just have to keep calling over and over again to reach him, which I have only been able to do twice so far.

My husband wouldn't say... just that he had paid him money.

The papers state that I have lived in Benton County for more than 90 days. I live in Washington County and have for more than 2 years. It is filed in Washington County. The date of our marriage is most likely a typo.

Now, I'm really messed up. I don't get a temporary hearing. My attorney presented me with these papers to sign that said that my husband would have custody and I would have visitation with stipulations that it take place at my grandmother's home until I secured a permanent residence (which I had already done). I am supposed to get them every other weekend from 9 am Friday until 6 pm Sunday and on the weeks where I don't have the weekend, I get from 9 am Wednesday until 6 pm Thursday. Of course, as soon as I find a new job, I won't get that. I told the attorney that I did not want to sign them because I don't agree with my husband having custody. He raised his voice to me and said, "Well, I'm advising you to sign it. The Judge won't give us a temporary hearing and it could be a year before you get any hearing." So, I signed and left and broke down crying for hours. But I called another attorney and asked about it and was told that I should not have signed nor should the attorney have advised me to sign because once I do that, that's saying that he is a fit parent to have custody and since I agreed to it, then I don't have a problem with it. In addition to that, the Judge we have is known for being Pro-Dad anyway.

I finally have my kids this weekend but I found out that the paper I signed has not been filed. So, should I keep the kids instead of letting him take them since there is no order yet? It may result in a scene in front of the kids which is what I don't want to have happen, but I also don't want to lose my kids.

The second attorney was correct. You made mistakes. You never should have signed but there is no way to go back and change that unless your attorney doesn't file the papers and dad didn't sign.

then you fire the first attorney and find another to represent your interests.