My hearing to modify custody is coming up quickly and I am getting nervous about how things are going with my attorney. I’m not sure he is doing what he is supposed to when he is supposed to.
Here are the basics. I lost my job (office closed) and was offered a job in FL. My ex (who has never really been there before and owes tons of child support) filed to restrain me from moving to FL and to modify custody, visitation and child support back in mid-July, but no hearing was set at the time.
08/04/08 - I moved to FL with children to take the job.
08/06/08 - Emergency hearing attempting to restrain me from moving and compel me to come back. The attorneys worked out a temporary visitation order through Jan 2009.
12/02/08 - my atty received a notice of hearing from ex’s atty. I never saw anything else and my attorney did not receive anything else.
I kept calling the court and was told there was a calendar call set for 12/19/08. No notice was ever sent to either me or my atty.
I called the court after 12/19/08 and was told a hearing was set for 02/16/09.
Neither I or my atty have ever received any notification of the hearing date.
Two weeks ago, I spoke with my atty and we discussed that a hearing was set, yet no Discovery Request had been sent and he had not filed a response to the Motion to Modify Custody.
He said he prefers to wait until just before the hearing to file a response, in case something happens between now and then that I want to include. That made sense to me. He sent me a standard Discovery, which I added to and sent back. A week and a half goes by and I see and hear nothing. He also mentions that he was not aware of the Calendar Call and will not be available on the hearing date of 02/16, becuase he has been elected to the House and will be attending to his duties out of town and he suggests handing me case over to an associate in his firm.
I sent an e-mail to his assistant on 01/15 stating I was getting nervous because we were about 30 days out and I had not seen the Discovery sent. No response.
I finally reached my atty on 01/20. He was to grab my file and return my call. He didn’t. The next day I managed to reach him again and he said the Discovery went out the day before (01/20). Thank God!
Am I crazy or shouldn’t the discovery have gone out a long time ago. I know my ex has 30 days to respond. What if the hearing comes up and they have not responded?
What if my atty isn’t available for the court date and I don’t want one of his associates? Am I stuck?