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questions for lawyer consultation

post #1 of 9
Thread Starter 
I have my first lawyer consult this week. As of right now I have chosen a lady who doesn't give free consults (though she did answer a bunch of questions on the phone) however she has lower rates than some of the others I called- retainers are different if it's uncontested. Another lawyer recommended her. I want to make the most of my time with her- 75 bucks an hour. I did email the domestic violence folk to ask if they had a lawyer list, but they haven't gotten back to me yet. Stbx is an alcoholic and verbally abusive and I believe has NPD. With the personality disorder it is possible he could try to wage a custody fight, even though he hates being around the kids most of the time. I started my list of questions:
Is this a 50/50 state, or do we still grant most custody cases to the mom?
What evidence can I present of his alcoholism, if I can't get receipts and there are no duis?
What evidence can I present of the verbal abuse? Is just my word good enough? I didn't keep a detailed log, but I recently got a cell phone that records well (though he's trying hard to keep his control these days).
On what criteria is limited visitation or supervised visitation granted? How long does that limited status go on, and how or when can he petition to change it? You mentioned that we could ask for random alcohol and drug tests with evidence of the alcoholism, but I think he would be hard to snag with a test for these reasons (blah blah).
How do I file a writ of domicile, or whatever the paper is called to kick him out of the house for said alcoholism?
We don't have much equity in the house- questions about dividing property.
How can my radical beliefs impede us in court- I breastfeed and cosleep until over age 4, and we are a no-vax, see the doctor only for emergencies kind of family.

That's all I can come up with. What else ya got?
post #2 of 9
bumping for help!
post #3 of 9
What about...

Is it possible to have the father (and the mother if need be) undergo psychological evaluation for the purpose of establishing whether or not either are fit parents?
In the event that unsupervised visitation is granted, its it possible to include a stipulation in the custody judgment ordering the father to abstain from alcohol or drug consumption in the 12 hours preceding and during the visitation?
Can I refuse visitation if I find STBX intoxicated?
Can we order that the exchange of children, if visitation is to be unsupervised, take place in a neutral location such as a police station?
How can I prevent my STBX from leaving our child with another caregiver while he is in his care?
When are overnights generally granted in this State?
Will the courts take extended breastfeeding and cosleeping into account?

Also, what about questions pertaining to the division of assets, such as retirement funds, investments, furniture, car, etc...?

Finally, if I were you, I would ask your new lawyer for a "roadmap" to divorce in your state...i.e., what happens when and what are the likely avenue (mediation, court, etc), what do you need to do, and when the separation/divorce/custody can be finalized. I found it helped me tremendously to know what my destination was and how I could get there.
post #4 of 9
I would want to know how experienced she is. Is that the charge for the consultation, and after that her fee's go up? B/c if thats all she costs, I'd be looking for someone else. I know that there are lawyers out there who are great who don't charge much, but $75/hr is NOTHING and would have me asking some questions about why she charges so little. (I paid more than that for my consult with my lawyer and I got a discount b/c I was referred by her old prof)

So, how much experience does she have with custody/visitation cases?

How many times has she gone to trial over custody?

How many times has she won/lost and what was the reasons for that? (was she on the wrong end of the case, ie the other parent had a better case, or some other cause - if she hasn't won any I wouldn't use her. If she doesn't have much experience I say run b/c NPD and any types of drug abuse are not necessarily easy cases)

How much experience does she have in the court you will be filing in? Is it her 'home' court? (it can be advantageous if it is where she normally practices, especially if she has a good reputation among the judges)
post #5 of 9
Thread Starter 
great suggestions so far. no, she doesn't charge that low rate an hour, that's a reduced rate for the initial hour convo, and her retainer is lower if the divorce is uncontested or seems cut and dry, and goes up from there to 750 retainer which is on par with some others I called. I do trust the lawyer who recommended her- my sister's good friend from high school who is a lawyer herself. I'm also going to call another lady tomorrow who another lawyer buddy called a crack divorce atty. The domestic violence association never emailed me back today. I'm not so much worried about the precise dollar amount of the retainer, because I think my dad will loan me the money.
post #6 of 9
Ok, it was unclear from your post what her hourly rate was. Still, they aren't bad questions to ask.

good luck!!
post #7 of 9
Thread Starter 
thanks so much for the help. the consultation went great and with a bit more documentation, he will likely get only supervised visits.
post #8 of 9
Thats a great update!
post #9 of 9
YAY!!!!
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