Question about withdrawl of petition for custody


#1

My current attorney has filed a petition for custody for myself against my ex. She currently has full temporary custody.

I recently was involved in a very bad motor vehicle accident, my truck flipped over, and I sustained very serious injuries which have put me out of work for several months. Had to have surgery, and this has set me back very badly financially. To top all this off I found out my attorney has been lying to me, as well as taking 7+ days to return phone calls and voicemail’s.

At this point I do not trust my current attorney, and the set-back from my accident have put me behind in being able to prepare for my custody case (what I consider to be the most important thing in my life). Is it possible at this point for me to withdraw my petition for custody, and take my case to a new firm to allow them to draft up a better case, as well as move counties the case is being held in. (My ex has moved to another county with my daugter, which the new law firm has advised would be much better for my case to be heard there).

If I can withdraw my petition for custody, how is this done. Is this something that I can do by myself at the clerks office? Will there be fees associated with a withdrawal? Also will the withdrawal of petition for custody hurt my future case in any way? At this point I feel it would be in my best interest to withdrawal rather than proceed with an attorney I don’t trust, and potentially losing my custody case due to my very poor choice in representation. As well as being able to move my case to a larger county where my new potential law firm has advised they feel it would be better for my case.

Thank you in advance for any advice!


#2

Procedurally, in order to accomplish what you are looking to do, you need to file a motion to change venue and argue to the current court why the new jurisdiction is more appropriate to hear this matter.

If you need help with this motion, you may want to try our Rosen Online Service. This service only costs $199/month, and not only allows you access to our library of legal forms, it also allows you to communicate with an online attorney regarding how to file this motion.