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Court Appointed Attorney . . .

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USAviator

Member
What is the name of your state? Ohio

A relative is currently attempting to obtain custody of his child. The child was in the mother's custody until a few months ago when he and his sister ( not my relatives child ) were found on a street about 15 - 20 blocks away from his mothers apartment. The boy is only 5 years old. Both children were taken to Child Services . He and the childs mother have been divorced for over four years. Apparently the mother is being charged with child endangerment, and so is my relative. His attorney ( court appointed ) requested that he come to a meeting and when he showed up yesterday , the lawyer's secretary informed him that the attorney was not availible. The party in question has to take time off work , and is concerned that he may even lose his job for excessive absenteeism . He also must report off work for visitation , as the child is currently in a foster home. There are a number of issues which have come up in relation to this attorney and the client , and quite honestly , he can not afford to hire an attorney on his own. The main question here is . . .IS it possible to request a new attorney if you feel that the one appointed by the court is not acting in your best interest ? What is the BEST way to go about this ? When requesting a different attorney , should he mention that he feels that this lawyer is incompetent ?? --- I also cannot understand why he would be held responsible as the child did not live with him ? I'd greatly apprecieate any advice in this matter. The court date for the custody hearing is May 24th.
 
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Bretagne

Member
Generally, at least in MN, you get who is appointed. Making allegations of incompetence will just pi$$ off the judge, not to mention the attorney.

Court appointed attorneys are extremely overworked, and there's nothing in your posting that leads me to find that anything unethical has happened. Your relative should hire a private attorney if he's unhappy. You get what you pay for.
 

seniorjudge

Senior Member
Generally, at least in MN, you get who is appointed. Making allegations of incompetence will just pi$$ off the judge, not to mention the attorney.

Court appointed attorneys are extremely overworked, and there's nothing in your posting that leads me to find that anything unethical has happened. Your relative should hire a private attorney if he's unhappy. You get what you pay for.

Amen and amen.
 

USAviator56

Junior Member
Thank you

I appreceate your comments , this is pretty much what I told my nephew.

Since I'm not a lawyer , I think it may be helpful to him to see what other people have to say in regard to his situation. There are other issues in this case, which I don't feel are neccessary to be brought up in a public forum , but I do not think that he will be given custody of his son, and the child will most likely remain in a foster home , at least for a while . :(
 

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