I'm going to court for a child custody hearing. My ex has a lawyer, I cannot afford one. Am I at a huge disadvantage?
Yes and no. You'll feel confused and frustrated when it comes to procedural requirements and customs in court. The attorney may use this to his advantage. But, if the judge is smart, and if you're smart, you can use it to your advantage. Judges typically give a lot of room for pro per parties. I almost lost to a pro per opponent because the judge gave her a lot of room to do what she wanted while I played by the rules. If you're smart it can become a David and Goliath situation where the other side is perceived as having the advantage and you become the underdog everyone roots for.Here's my advice:Be exceptionally but authentically polite. Be gracious to the court staff, the bailiff, and the Judge. Respect is the name of the game.If you don't know something, respectfully ask it to be explained. Example: "You're honor, I am not sure what you're asking me, or what that phrase means, could you clarify?" Always feel free to ask how to do something. Example "Your honor, may I say something about this now?" Or "Judge what is the next step?"Use your emotion and authenticity to your advantage, but DO NOT OVERPLAY YOUR HAND. Display your care and concern in the situation, but do not yell, get angry, say negative things about your ex, or anyone else. Keep the focus on the children, and the matter at hand. If you lose control you lose the case.Never interrupt the judge or the other party. NEVER. He will give you a chance to speak. No matter what is said, don't eye roll, make physical gestures, laugh, gasp, cry, sigh, pout, etc.Never address the other party or the other attorney. Always address the Judge directly. If the other party asks you a question while you are NOT on the stand as a witness, do not answer. Allow the Judge to address you.To keep yourself sane, bring a notebook to make notes, look at your notes or at the judge. Don't look at the other party. Don't talk to the other party.Although you must be polite and respectful, DO advocate for yourself. When it's your turn to speak, do say exactly what you want to happen and what you want to be known, again, without losing control, but by saying it firmly and with authenticity.If you have documents to discuss, always identify them clearly before referring to them. Ask to approach the bench or ask if you can give them to the bailiff rather than just walking up to the judge.
How much does a lawyer cost? For custody battle.?
Most lawyers will give you 1 free consult of your legal rights. As a general rule, lawyers charge by the hour. They will ask for a retainer, which in most cases is what the lawyer "expects" the number of hours needed to conclude your case. If less hours,they refund the difference, but if there are problems and need more, they will bill you for each hour over the "average" time the original retainer they charged you. Custody cases are not cheap, and just like a divorce can get messy. You need a family lawyer that advertises they do a lot of custody cases, since many do not like to take custody cases on.
Any advice on child custody cases?
I have no criminal history what so ever and have 4 other kids,( representing myself) I took him back to court about a month before he did his crimes that sent him to prison and gained sole custody but i still allowed him visitation and even let him take her on non visitation days, I do want him to be in her life but i dont think he is capable enough to ;eave the drugs alone and all the partying he is so use to. she learned alot from him including being in the house will he comitted an agravated assault and so on. I think i can do it Im going in there representing myself, no he said she said, third party crap,just from mom to judge.
Family court - defendant hired an attorney at last-minute. Request continuance?
My wife brought a motion for contempt against her ex for not conforming to several stipulations in their divorce decree and costing her/us several thousand dollars. The hearing is about to start and we just learned that he brought an attorney. Never any notice of appearance. He just showed up. She is going to request a continuance on the grounds that she did not bring counsel on the belief that he was also appearing without counsel. Is this the way to go and is it likely to work? This is the first hearing. There are no prior continuances.