Family Law Advice! What are his rights even if he doesn’t have a lawyer for Divorce, child custody case?
A guy friend is getting a divorce. The ex asked him to come to her lawyer office so he can sign the papers. He asked her for a copy to be view on his own time to make sure what it says. She says he have no rights to get a copy and he have to sign and read the papers in front of her and her lawyer. Also have told him that she ready made a decision of being the primary parent to their daughter. He have no saying in it. Decision are made and he have no rights? Can anyone advice me what to tell him. He’s freaking out. He doesn’t have a lawyer…you guys know attorneys are expensive. The ex also said that if he wants to change anything in the paper and hires a lawyer he’s gonna have to pay her and his lawyer? Any advice?
8 Responses
Gypsy Red
22 Feb 2010
J.J.
22 Feb 2010
Thats a lie!
Lela A
22 Feb 2010
Things like custody issues should be settle in a court room in front of a judge..I would be cautious about signing any in a lawyer office without receiving a copy. Tell him to take this matter to court.
getyourleash
22 Feb 2010
With children involved, he MUST get an attorney or he risks everything. He has rights, it’s just that his ex’s attorney will not acknowledge them. This is so his ex will get what she wants from the divorce. I repeat, he needs an attorney despite the cost.
tn_barnett
22 Feb 2010
He should be able to find a lawyer to at least give him free legal advice without actually hiring him/her. I would advise your friend to seek a legal professional to get some free advice from. I would also advise him not to sign anything unless he gets a copy of it.
Garnet Glitter
22 Feb 2010
He ‘s being B.S’d…tell him to refuse to sign anything until his own legal counsel has a chance to look it over…..he does NOT pay her lawyer, he only pays his…and he needs to get one even if he has to beg & borrow the money to do so….Family Court will appoint a lawyer if he truly cannot afford one…he IS being lied to….good luck
Nicole
22 Feb 2010
Oh wow, he was taken.
First he has to be served papers, from my understanding. He can either choose to sign them, not sign them or contest them. In no way is he required to sign them immediately, that was just talk by the lawyer to force him into signing. Also, he is due a copy of what he is signing, you are due a copy of any contract that you sign, or are asked to sign.
No, neither the wife nor the lawyer can make a decision on who will be the primary parent, that is complete bunk.
He has no choice but to get a lawyer. If nothing else have him contact a lawyer for a free consultation, and DO IT FAST. She’s obviously got a sneaky lawyer, he needs to watch his back and not sign one thing.
Papa Bear
22 Feb 2010
She’s doing the Shanghai Shuffle, trying to Shanghai his rights.
No attorney would say that he has to read and sign them in his presence, without first getting legal advice. It would leave himself open to a judicial complaint.
Yes, attorneys can be expensive, but that is why you take to interview several and decide on which can best represent you at a cost you can afford. What helps this is to do a lot of the work himself.
To learn how to do this, go to Dads House in Yahoo Groups. There’s an educational manual in the file section that can teach you what you need to know. The organization it came from is defunct due to attorneys that tried to take it over and make money from it.
Take the time to learn what you can and should do.
http://health.groups.yahoo.com/group/DadsHouse/
http://www.rcfp.org/taping/
http://www.glennsacks.com
http://www.parentalalienation.org/
And he believes all this bull. Come on surely he is smarter than that. Yes he has the right to see the papers on his own before signing. But best advice, I don’t care how much they cost, he can’t do this without an attorney. In the long run it will cost him a lot less if he has an attorney looking out for him. There are places to go to get low cost advice. Have him go to the district attorney office department of family services and ask them. They can point him in the right direction. But most of all don’t sign these papers. Tell him to call her attorney and ask that they be mailed to him. They have to do it.
Red