Indiana law.
My attorney and I have differed in strategy on my case in the past 7 months that I have retained her. We typically have a scheduled phone discussion, come to an agreement and I either do what she is asking or the persuasion of my point brings her my way and we compromise. The last conversation that we had was regarding a final hearing in my custody case. I feel that I have enough time and evidence to support me continuing the temporary sole custody that I was awarded last year and to make it final in a final hearing. My circumstances are better and the NCP's circumstances have not changed. For some reason, my attorney does not think that I had 'enough' to ask for permanent sole custody. In December of last year when the temporary custody was to become permanent, the NCP obtained an attorney and entered a motion to obtain a GAL and that her work schedule was set to change to an 8-5 schedule. Neither of these things happened, the attorney retained has now been released and I had to convince my attorney to file for a final hearing???
Now we are 10 months with me having temp sole custody and we have filed a final hearing. With the information that I have just told you about having to convince her that were are ready to file a final hearing, I send an email with all of the facts of the case ahead of the final hearing filing with an attempt to get my attorney to understand who I am as a person. I also asked in this email that she reach out to me by a phone call or email prior to filing the final hearing because I wanted to make sure we are asking for exactly what I want the judge to hear. The email sent was on Monday of the week of the filing. I reached out to the attorney the Friday before the filing to ask if she had filed and she said that she was still preparing. I received the motion for the final hearing without the call and responded to the motion by stating, interesting in an email. My attorney responded to the email on a Friday night at 7 pm when she normally takes days to respond. She states that she did not read my email and was wondering why I even sent the email, to begin with. So I give her a rundown and the information that I wanted to be included in the final hearing. It was just a parenting plan and covid relief money since Ihave had my son without any monetary contribution from the NCP this entire time. Not a dime. Child support temporarily set to zero until the final hearing. I get no reply to her. I send another email a day later because she stated previously that she did not read the previous email. At this time she told me to be patient. Two weeks later with no response, she sends an intent for a motion to withdraw in 10 days and gives me erroneous information about when to send documents to the judge ahead of the hearing. I have spent a considerable amount of time and money and she wants to cite irreconcilable differences?? In addition, I have a bill due on August 12th just ahead of the final hearing. The attorney will not release any of my files (specifically emails that relate to discovery) ahead of me paying the bill immediately. I have asked for these documents ahead of her intent to withdraw. she refuses to give emails as there is information in there that proves that she and her staff has lied to me regarding my case and discovery. I don't want a withdrawal this late in the case and so close to the final hearing. I understand that judges grant this motion regardless. How do I fight? The reason I want to fight is because of the money that I have already spent, the new money that I will have to pay a new attorney plus her bill. I am not prepared to do that right away at the same time. SHould I ask my attorney to mediate?
My attorney and I have differed in strategy on my case in the past 7 months that I have retained her. We typically have a scheduled phone discussion, come to an agreement and I either do what she is asking or the persuasion of my point brings her my way and we compromise. The last conversation that we had was regarding a final hearing in my custody case. I feel that I have enough time and evidence to support me continuing the temporary sole custody that I was awarded last year and to make it final in a final hearing. My circumstances are better and the NCP's circumstances have not changed. For some reason, my attorney does not think that I had 'enough' to ask for permanent sole custody. In December of last year when the temporary custody was to become permanent, the NCP obtained an attorney and entered a motion to obtain a GAL and that her work schedule was set to change to an 8-5 schedule. Neither of these things happened, the attorney retained has now been released and I had to convince my attorney to file for a final hearing???
Now we are 10 months with me having temp sole custody and we have filed a final hearing. With the information that I have just told you about having to convince her that were are ready to file a final hearing, I send an email with all of the facts of the case ahead of the final hearing filing with an attempt to get my attorney to understand who I am as a person. I also asked in this email that she reach out to me by a phone call or email prior to filing the final hearing because I wanted to make sure we are asking for exactly what I want the judge to hear. The email sent was on Monday of the week of the filing. I reached out to the attorney the Friday before the filing to ask if she had filed and she said that she was still preparing. I received the motion for the final hearing without the call and responded to the motion by stating, interesting in an email. My attorney responded to the email on a Friday night at 7 pm when she normally takes days to respond. She states that she did not read my email and was wondering why I even sent the email, to begin with. So I give her a rundown and the information that I wanted to be included in the final hearing. It was just a parenting plan and covid relief money since Ihave had my son without any monetary contribution from the NCP this entire time. Not a dime. Child support temporarily set to zero until the final hearing. I get no reply to her. I send another email a day later because she stated previously that she did not read the previous email. At this time she told me to be patient. Two weeks later with no response, she sends an intent for a motion to withdraw in 10 days and gives me erroneous information about when to send documents to the judge ahead of the hearing. I have spent a considerable amount of time and money and she wants to cite irreconcilable differences?? In addition, I have a bill due on August 12th just ahead of the final hearing. The attorney will not release any of my files (specifically emails that relate to discovery) ahead of me paying the bill immediately. I have asked for these documents ahead of her intent to withdraw. she refuses to give emails as there is information in there that proves that she and her staff has lied to me regarding my case and discovery. I don't want a withdrawal this late in the case and so close to the final hearing. I understand that judges grant this motion regardless. How do I fight? The reason I want to fight is because of the money that I have already spent, the new money that I will have to pay a new attorney plus her bill. I am not prepared to do that right away at the same time. SHould I ask my attorney to mediate?
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