Hello! I live in Indiana, but my children are in North Carolina with their dad, who is in the military. I want to file for custody and have paid my lawyer a handsome retainer fee to do so. It has been three months since, and all I hear for status updates is “hoping for something soon” or “I gave it to him and thought he emailed it, but he must not have.” I feel the simple act of filing papers should not take so long, but my lawyer claims that my county, Cumberland, is overburdened. Am I unreasonable to want an explanation or to even ask for a refund and find another lawyer? My ex-husband is an alcoholic and has recently been arrested. Child Services was also called. I really appreciate any guidance you may be able to provide on the matter. Thank you so much!
Are you certain that your IN attorney knows how to file in NC? Do you have jurisdiction? where have the children resided for the last six months? I’m not sure how it works on here yet, but I may be able to help you understand why your attorney is doing what he/she is doing from a practical stand point as I have been dealing with something similar for three years. Parties in separate states and substance related issues. So far, what I’m hearing is you may do better off filing your initial complaint yourself. I can help.
Are you certain that your IN attorney knows how to file in NC? Do you have jurisdiction? where have the children resided for the last six months? I’m not sure how it works on here yet, but I may be able to help you understand why your attorney is doing what he/she is doing from a practical stand point as I have been dealing with something similar for three years. Parties in separate states and substance related issues. So far, what I’m hearing is you may do better off filing your initial complaint yourself. I can help.
My lawyer is from NC, and the children have resided with their father for more than 6 months, so NC has jurisdiction.
Your attorney may have a strategy-based reason for delaying the filing of a custody complaint, but this is generally not the case in most situations. Be sure to talk with your attorney to understand his or her exact reasons - it is not unreasonable to ask. Otherwise, you are free to switch attorneys at any time. Some attorneys’ offices issue refunds and others state that the retainers are non-refundable.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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