I’m in a tough spot right now. I hired an attorney two weeks ago to help with modifying custody for my daughter because her father is an unfit addict. I’ve been patient for nearly a decade, but things have gotten so bad that I can’t allow him to have any visitation anymore. I paid a $5,000 retainer, but all I have so far is a draft of a petition he can sign while in rehab, which would give me sole custody. I’m facing issues with them asking for more money to maintain my account, and they haven’t been responsive to my emails. My concern is whether I can use the documents my attorney drafted and file them myself. Can I just send them to my ex and remove my attorney’s info? How would I file them with the judge afterward? I really need to act fast since my ex is currently in rehab after overdosing. I’m in Forsyth County, Georgia, and I would appreciate any advice.
That sounds awful. You should definitely fire them, request your file, and use the drafted modification you’ve paid for. Just change the caption to reflect that you are filing in Pro Se. Present it to your ex as soon as possible for his review and signature. Once you get that, take it to the Court clerk for submission. Keep copies of everything. Once signed by your ex, it becomes a binding agreement, and once the judge signs it, it’ll be an official court order.
I had a similar situation. Check out some YouTube videos on how to navigate custody without an attorney. I managed to win my case without one, and it really helped to do my own research. Just saying, it’s possible.
Georgia can be tricky. You can definitely request your case file; it should have all the documents they filed. I just lost my attorney too and I’m looking into legal aid options for custody issues. Hopefully, that works out for you.
Make sure to study your state’s family court procedures and self-help forms. You might find a legal aid group that helps families dealing with addiction. Your lawyer will need to formally withdraw, and they usually understand your situation. Ask them to refund the remaining balance if possible. Once you have everything ready, go to the family court with your own drafted papers and see if they will help you file them in person. You can also write your own points based on their drafts. Just keep it authentic and straightforward.
I’m not sure about Georgia specifically, but in my state, you have to disclose your attorney’s info in your motion. So, before you part ways, ask your attorney to send you the documents and clarify if you need to include their info when you submit anything.