I am in need of a pro-bono attorney or help...I have been served with a request to modify the papers from our divorce of 2000. My son is 13 and "would like to live with his dad" ...I only have a few days left to respond and I finally heard back from legal aid..the intake attorney marked it as an emergency as I did qualify but time is running out ...does anyone have any suggestions? I need to respond but how can I do that..ex is expecting me not to have counsel and get his way. Please help! I received a letter from legal aid stating that my file/request is closed as DVAP is designed to assist applicants that have uncontested legal matters. I have called over 40 attorneys none willing to work out a payment plan or help me without a retainer. My husband has been out of work for well over 6 months. He just was blessed by a job but we are so far in debt and have already sold many, many of our things to just be able to survive with our family of six. I need an attorney and I need one now. Most importantly please PRAY that the Lord will provide!!!
Hi Kristi,
Sorry i'm not very experienced with this. I think you should contact a lawyer since it's an emergency. and talk to your son at the same time to figure out what's going on.
I am not sure on how to answer your question, but I can tell you, if I were in your shoes, I would start by calling and attorney, explaining the situation and see if he can direct me on how to handle this very next step so you don't miss the date. I have actually done that in the past when trying to handle local matters at the JP court level. I was able to get enough information at no charge to proceed. I can speak from experience... do not skip the date. I am sure you already know that.
My next step would probably be to call the county clerk and ask her how to file an answer and what to include. Each court usually has guidelines to follow when submitting docs, so you will need to try to obtain that information from the clerk so your answer does not get kicked back. As I spoke with the attorney and the county clerk I would ask as many questions as possible so you can get a feel for the process. Also, be very nice to the county clerk they can be VERY helpful if they feel like it.
My husband and I have been through two modifications and going through the third right now. The boys are moving in with us one by one. So, I am somewhat familiar with the process. Our situation was different in that the boys lived with us before the mod was ever filed. Their mom knew it was coming so we could streamline the process. Each modification cost about $1600.00...uncontested.
I love my attorney. He is the first attorney who has always made himself available when you call. He is just a great guy. Let me know if you would like his name/number.
Also, I have been told that children can longer decide where they want to live when they turn 12. I have not validated this, but I think I will start investigating...
I do want to add that having an attorney or some form of representation is ALWAYS best. Keep fighting for aid in the meanwhile. I think I would even consider sitting in their office (if possible), since you have already been approved, until someone recognized the urgency. I am relentless.
I wish you the best of luck.
You can file an answer PRO SE (that means without an attorney). I can help you with getting this filed if you like (I'm not an attorney, just a legal secretary) but I need to have more information. Are you set up now as managing conservator? Has your son been staying with his dad? Does he want to live with his dad? Do you have reasons that you think he should continue to live with you? If you are agreeable to your son living with his dad, can you and your ex agree on child support and standard visitation? You can email me directly at ____@____.com or respond by this website. You could probably get away with not having an attorney if you and ex are agreeable on the main issues and can compromise. If you are going to fight him on this you will need an attorney -but can first file an answer and then if needed file for an "extension" to give you time to find an attorney. Also, why are they asking for you to modify the divorce...most the time the ex will file a "Motion to Modify" and you contest that motion...I've never heard of someone asking you to file the Motion to Modify. I would like to help you out...sounds like your ex and his attorney are trying to get this rammed through thinking you don't have the resources to defend this. :)
at one time, smu had free legal advisors. good luck.
Just because a motion has been filed, that does not mean the judge will automatically agree that your son can live with his dad. When you go to court for the hearing, the judge will listen to both sides and the reasons for the change. I don't think they agree to change just for the sake of change - if things have been working fine the way they are, there has to be proof that it is in the best interest of the child to make the change. A lot depends on the judge, too. You might have to keep calling legal aid every day. Maybe someone there could at least tell you how to respond - if not, I would go to court when the hearing is set and state your case. Hopefully, the judge would re-set the hearing until you could get legal counsel - I think they have to give everyone a chance to be represented. Good luck!
