Can't pay attorney - what happens to temp draft order


#1

so, i paid my attorney a retainer fee and thought i had watched my hours closely in order not to go over too much, but I still ended up with a $2k overage bill! UGH

Anyway, we had a court date and all went well, the only thing that was left was for the attorney’s to draft the temp order and both of them review it and make changes, etc. and set a court date in december.

My question is, now that I cannot afford to pay my attorney, does my ex’s attorney have the right to file a temp order directly to the judge without me reviewing it or will i receive a copy so I can have my say so? Or since my attorney was the one who initiated the draft order, can I just send her the changes that she requested, etc. and go from there?

Also, what is the temp draft order to cover - just what was discussed regarding visitation, pick up times, etc. during court OR also FUTURE visitation changes? (I moved out of state 8 hours away and instead of driving up once a month as ordered the judge until a review in December, I would like to offer my ex to have spring break, 4 consecutive weeks in summer and then also one week during christmas break)

THANK YOU SO MUCH FOR YOUR ADVICE! I am really stressing out about not having an attorney help me complete the draft order and also represent me at the court date in december!


#2

If you attorney has not been allowed to withdraw from the case, he/she still has an obligation to complete the order and make sure it is properly reviewed and filed. If the opposing counsel takes it upon him/herself to draft the order, they have to allow you or your attorney to review it. The time frame for review of proposed orders and the method for submission to the judge are usually addressed in local rules.

The order should contain the order the judge issued in court. If you are able to come to an agreement with the other party about future visitation issues, you can address those in a consent order.