Motion to Withdraw


#1

A similar situation happened with my husband’s ex. Her attorney withdrew from representing her because she refused to listen to his advice though. This actually gave her the incentive to settle the custody with my husband instead of going through to the trial. It may be that this is a positive thing for you but it’s possible that it depends on how far along the case is and what “evidence” or matters still need to be presented in court. If the attorney is holding all the information that was given to him/her then it’s possible that your case could be delayed. I’m not sure how all that works though…it may be that the judge has enough to make a ruling or that the attorney that excuses themselves makes a motion to cease proceedings. I’ll be interested to see what does happen. Please keep us posted and maybe Helena will have some knowledge about this situation.


#2

The court will hold your spouse to the same standards that it would hold an attorney and they will need to move forward representing themselves.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I am in the middle of a custody dispute in court and have just found out that my former spouse’s attorney has filed a motion to withdraw from the case because of non-receipt of payment for services.

Should my former spouse not be able to afford an attorney from this point forward, what should I expect to happen? I do not think that my former spouse will be able to litigate the case pro se, and, as I understand it, courts do not appoint free legal counsel in custody cases. How does a court handle a situation like this when one party in a custody suit cannot afford legal counsel halfway through the case?