• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

is there such thing as a withdrawal trap?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

HilarityClinton

Junior Member
hi everyone. im wondering if there's such thing as a withdrawal trap. The reason is because both my wife and my lawyer decided to be really unprofessional and tried to use a blanket lie so they wouldn't have to do any work toward our case. They decided to try and go along with this idea that our house is too unsanitary and is a danger and said they would withdraw if we don't move. In a withdrawal petition, the reason they will both use is that it would be unethical for them to lie to the court about the home conditions, thus painting us as liars if we were to defend ourselves from having to be forced out. I understand that if we want them to withdraw, we have to sign their withdrawal petition. If we sign it, are we acknowledging their reason as fact to the court? We have had many people come to our home who don't believe it to be a problem, and we have also had several weeks of visitation in our home, proving that the home isn't a problem by the fact that they had to inspect the home and deem it safe for at home visits. We also have a therapist who comes here and she is married to an ex commisioner(judge) of the court, and she checked in with some lawyers she knows, and doesn't see any reason why they should even be able to kick us out. Everyone who has been to the home, therapists and case managers, couldn't really find any solid reason to suggest that the home is a danger. Our lawyers want to be lazy and not have to deal with arguing so i feel as if they are setting a trap. They tried to say it would be perjury to try to defend the home and decided to end all conversation with us when i had asked them to be specific and point out a danger instead of using this shallow logic that the home is dirty. Theres only one room in the home which belongs to a relative and its used for storage, so i can see how someone would like to say its a mess, but we don't feel its enough to kick us out and we need the lawyers to defend our position instead of convincing the judge that we have to move out. Also, if we can't get them to withdraw properly, does a marsden hearing apply to the family courts here in missouri? Can we file a pro se representation motion also if push comes to shove, just to get rid of them? We want to be rid of these lazy unprofessional idiots since they decided to attack us through calculated means rather than working with us. Any advice is much welcome. Whats the best way to proceed to get rid of them? My wife and i can buy some time by not showing up to the permanency hearing and instead going to the emergency room and pretending she is going into early labor. We are at the point where looking at these 2 peoples faces and being around them is just abhorrent.
 


HilarityClinton

Junior Member
In order for your opening post on this thread to make any kind of sense, one must read your posting history. (px hx = posting history)
im pretty sure you guys in this part of the forum know about family courts enough to understand the question without any extra context except that which was provided in this question posted.
 

Just Blue

Senior Member
im pretty sure you guys in this part of the forum know about family courts enough to understand the question without any extra context except that which was provided in this question posted.
Actually your opening post makes little sense. Only when I looked at your posting history, and the other thread you have on the same topic, was I able to somewhat understand the situation and that you are dealing with CPS.
 

HilarityClinton

Junior Member
Actually your opening post makes little sense. Only when I looked at your posting history, and the other thread you have on the same topic, was I able to somewhat understand the situation and that you are dealing with CPS.
well hopefully someone can tell me if a withdrawal can be used as a trap...i understand that to withdraw, a lawyer must state a reason for withdrawal, but also that the client must sign the withdrawal. i simply want to know if signing it means i agree with their reason? i dont want to sign something that sets in motion a trap where the judge/commissioner will kick us out of our home to get our children back.
 

stealth2

Under the Radar Member
Yes, posting history made things a bit more clear. Honestly? If I were in your shoes and it was my child at risk of being removed, I would not approach this situation w/o legal representation, so would first find new lawyers and have them deal with the current lawyers' withdrawal/replacement.
 

not2cleverRed

Obvious Observer
Missouri.

hi everyone. im wondering if there's such thing as a withdrawal trap. The reason is because both my wife and my lawyer decided to be really unprofessional and tried to use a blanket lie so they wouldn't have to do any work toward our case. They decided to try and go along with this idea that our house is too unsanitary and is a danger and said they would withdraw if we don't move.

In a withdrawal petition, the reason they will both use is that it would be unethical for them to lie to the court about the home conditions, thus painting us as liars if we were to defend ourselves from having to be forced out. I understand that if we want them to withdraw, we have to sign their withdrawal petition. If we sign it, are we acknowledging their reason as fact to the court?

We have had many people come to our home who don't believe it to be a problem, and we have also had several weeks of visitation in our home, proving that the home isn't a problem by the fact that they had to inspect the home and deem it safe for at home visits. We also have a therapist who comes here and she is married to an ex commissioner (judge) of the court, and she checked in with some lawyers she knows, and doesn't see any reason why they should even be able to kick us out. Everyone who has been to the home, therapists and case managers, couldn't really find any solid reason to suggest that the home is a danger. Our lawyers want to be lazy and not have to deal with arguing so i feel as if they are setting a trap. They tried to say it would be perjury to try to defend the home and decided to end all conversation with us when i had asked them to be specific and point out a danger instead of using this shallow logic that the home is dirty. There's only one room in the home which belongs to a relative and its used for storage, so i can see how someone would like to say its a mess, but we don't feel its enough to kick us out and we need the lawyers to defend our position instead of convincing the judge that we have to move out. Also, if we can't get them to withdraw properly, does a marsden hearing apply to the family courts here in missouri? Can we file a pro se representation motion also if push comes to shove, just to get rid of them? We want to be rid of these lazy unprofessional idiots since they decided to attack us through calculated means rather than working with us. Any advice is much welcome. Whats the best way to proceed to get rid of them? My wife and i can buy some time by not showing up to the permanency hearing and instead going to the emergency room and pretending she is going into early labor. We are at the point where looking at these 2 peoples faces and being around them is just abhorrent.
Is this woman the same one from March? You said back then, "we arent actually married but we are much more sane and well bonded than most 'married' people would ever be." Are you saying that your Missouri baby mamma's lawyer and your lawyer have been working together against you?

I am using the term "Missouri baby mamma" because 1) she's in Missouri, 2) she's had a child with you, and 3) you are not legally married. This is to distinguish her from the female in California, who may or may not be a minor, and was pregnant when you posted back in May, presumably with your child. Unless it's the same person - again, that's unclear from you previous posts.

Realize that in the United States, regardless of what culture you are from, if you are not legally married, then the LAW does not recognize you as husband and wife.

1) Skipping a hearing that you have legally been served notice of, can result in a default ruling against you. If it can be shown that your Missouri baby mamma is faking a medical emergency, it can go even worse: a default ruling might not be set aside, or set aside to place more severe consequences on you. BTW, unless you are a medical professional, your presence in the emergency room is medically unnecessary. I mean, it's nice for Dad to be there and all, and it's great if Dad wants to be there and can be there for the child birth, but there is no need for Dad to be there. So even if your baby mamma wants to fake a medical emergency specifically timed for your hearing, you don't have an excuse not to be in court. And seriously? What turnip truck do you think the judge fell off of yesterday?! You are fooling nobody. If a judge pegs you as a liar, your credibility is shot, and you won't get your child back. If things go badly enough through such stunts, your pregnant Missouri baby mamma might lose her baby to foster care at birth. So, don't be stupid and dishonest.

2) Is your Missouri baby mamma a minor? Were the people "holding her hostage" back in May her parents or other relatives?
Are YOU a minor? You've been living with your father, after all.
Are either of you, if not a minor, under conservatorship? Meaning, do you have some form of limitation such that, although chronologically an adult, you require a guardian? Because you sound extremely immature.

3) Let your legal council withdraw. There are many reasons to have legal council withdraw, and withdrawing does not mean that you agree or disagree with any particular thing, other that the fact that they will no longer be representing you. People do this all the time - either to switch lawyers, or to represent themselves if they can't afford one or find one they like. If you cannot find new legal representation by the date of hearing, perhaps you can ask for a continuance for the purpose of securing new legal representation. I suspect the judge would prefer dealing with competent legal representatives over directly interacting with you.

I know nothing of your home situation, other than what you have posted. I have found many of your posts in past threads offensive. You are asking legal questions. Telling you that legally, you have made inaccurate statements that affect your credibility, is not being culturally insensitive.

BTW, mice can be perfectly fine pets. However, free range wild mice in the house are viewed as vermin in most parts of the US. Evidence of a single mouse alone is not indicative of an unsafe home, but droppings and 6 visible mice would indicate an infestation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top