Legal Question

[John T]

I have a friend who is going through a legal battle with her husband right now. He is claiming she is an unfit mother and trying to take custody of her son. The trial was scheduled for tomorrow. They have been talking and he's saying he wants to drop the case and work things out. She believes him. However, his lawyer has told her that she is delusional, that the case will go forward tomorrow.

Question. If the husband doesn't want the trial to happen, can the lawyer force it? For example, if they felt she really was a danger to the child could they force the case? And if so, wouldn't it be the state vs. the mother? Not still the husband vs. the mother?

I know nothing about legal matters so please excuse my ignorance.

Thanks!

Carie

[Marklar MM]

No legal knowledge, but I think it would be the State vs. Mother as you said. But I think there would have to be evidence that she is an unfit mother for the state to get involved. But who knows...when it comes to legal, I am a sloth.

[kris]

The lawyer has to abide by the client's wishes. (The attorney probably knows best, though.) If the state wishes to take the children away, they could refile, but I'm thinking that hearing(s) would be at a later date.

[FromWayDowntown]

If it's just a custody dispute, it's a civil matter filed by the father, and the father should have complete say about whether the trial goes forward. The lawyer could go and try to participate in a trial against the father's wishes, but he'd be violating the ethical codes that govern legal practice.

If it's an effort to fully terminate your friend's parental rights (which I doubt), then it's a criminal matter, which the state Attorney General's office would prosecute, whether the father wants to proceed or not.

[CosmicCowboy]

This sounds like a civil suit so it is the father vs. the mother. If it was CPS trying to take the child away it would be the state vs. the mother. Chances are the father has had a change of heart...or he could be gaming her because he suspects he will lose if he goes to court...was the attorrney trying to get your friend to "sign something" to keep from going to court? The father as civil plaintiff could drop the case anytime he wanted...

[John T]

Thank you all for your quick replies!

I'm not sure which type of dispute it is, I didn't realize there was a difference. But if it's the latter, would it then be 'state of vs. ' as opposed to 'husband of vs.'?

Carie

CC: The husband is telling her they're not going to court. The attorney is saying that's a load of rubbish. I don't believe they've asked her to sign anything. At HER insistence they are meeting tonight to discuss this. I feel the husband is hookwanking her so that she doesn't believe there will be a trial tomorrow and therefore, has not prepared for it. That's just my personal belief though.

[Kori Ellis]

I think that if they believe that the kid is in danger, they can change it to State vs .. It's the same if, for example, a woman charges her husband for hitting her and then drops the charges. The state can still go against the husband.

[John T]

Kori, that's what I'm thinking. So, to determine if he's being truthful, she just has to find out who is actually filing.

Carie

[batman2883]

No no no no no take it from me, unless the father has hardcore proof that the mother is undisputably an unfit mother there is no way the father can win the case. The father would have to have pictures, videos, and basically everyone telling the same story of how the mother turns tricks for money or something, have no fear the baby will stay with momma

[Marklar MM]

No no no no no take it from me, unless the father has hardcore proof that the mother is undisputably an unfit mother there is no way the father can win the case. The father would have to have pictures, videos, and basically everyone telling the same story of how the mother turns tricks for money or something, have no fear the baby will stay with momma

I am just guessin, but Batman must of had a few illegitimates. :)

[batman2883]

No im just studying to become a lawyer and i have witnessed a few trials already of the matter.....

[John T]

Batman, thanks for the positive message, definitely needed at a time like this!

Carie

[batman2883]

Batman, thanks for the positive message, definitely needed at a time like this!

Carie

Sure anytime :)

[Marklar MM]

No im just studying to become a lawyer and i have witnessed a few trials already of the matter.....


Congrats on studying to become a lawyer. May your life lead you to a bounty of wealth.

[FromWayDowntown]

The point is this: the State won't prosecute a suit to terminate parental rights (the only sort of action it can really take in this context) unless the evidence is extremely solid, because the burden of proof is terribly high and the chances of a favorable outcome for the State are fairly low in questionable cases.

I'd be much more willing to presume that this is a civil action between two individuals, since it sounds more like sniping between former spouses who are trying to find ways to hurt each other. The State is almost never in the middle of those disputes.

As a lawyer, I'd tell your friend to either go to court when the trial is scheduled to start or to have her attorney do so. That, or have your friend get a written and signed agreement from her ex-husband that stipulates that the trial setting will be dropped.

[batman2883]

The point is this: the State won't prosecute a suit to terminate parental rights (the only sort of action it can really take in this context) unless the evidence is extremely solid, because the burden of proof is terribly high and the chances of a favorable outcome for the State are fairly low in questionable cases.

I'd be much more willing to presume that this is a civil action between two individuals, since it sounds more like sniping between former spouses who are trying to find ways to hurt each other. The State is almost never in the middle of those disputes.

As a lawyer, I'd tell your friend to either go to court when the trial is scheduled to start or to have her attorney do so. That, or have your friend get a written and signed agreement from her ex-husband that stipulates that the trial setting will be dropped.

Your a lawyer?

[batman2883]

Congrats on studying to become a lawyer. May your life lead you to a bounty of wealth.


Thank you very much

[John T]

FWD, thanks. She'll definitely be there tomorrow. She is just believing the husband that he doesn't want to go forward with the trial, it's all his lawyer's doing. I wanted to know if there was a way to 'prove' that he's the one actually going forward with this. Thanks for all of y'alls help!

Carie

[Vashner]

If he got one of the cheap lawyers they won't get paid fully unless they win his case.. so that's why it's a dirtball (from what it sounds like)..

[SpursWoman]

Your a lawyer?


Yes...FWD is an attorney. :)

[Shelly]

You're friend needs http://www.jimadler.com/images/a_jadler_s.jpg

The SMART, TOUGH Lawyer. He'll fight for yew!

[FromWayDowntown]

Yes...FWD is an attorney. :)

True. But somedays, FWD wishes he wasn't an attorney. :)

[John T]

:lol

*calls Jim Adler just in case*

[batman2883]

True. But somedays, FWD wishes he wasn't an attorney. :)


Why is that if you dont mind me asking, im planning on going into corporate law though. And about Jim Adler, i love his freaking commercials, the Texas Hammer, i was trying to put a gimmick too it would be Mark Texas' Greatest...

[FromWayDowntown]

You're friend needs http://www.jimadler.com/images/a_jadler_s.jpg

The SMART, TOUGH Lawyer. He'll fight for yew!

Adler doesn't fight for anyone. He's scared to see the inside of a courtroom and wouldn't likely know what to do if he ever had to go there, particularly with a big case. Adler's all about volume settlements, which take away the risk of a trial and an appeal and offer quick money, but often at pennies on the dollar.

I have no affiliation with him whatsoever, but if you're ever hurt and want a good Plaintiffs lawyer, go to Mikal Watts. He's the best around, particularly for injuries related to newer technologies and products.

[Shelly]

Why is that if you dont mind me asking, im planning on going into corporate law though. And about Jim Adler, i love his freaking commercials, the Texas Hammer, i was trying to put a gimmick too it would be Mark Texas' Greatest...


:lol

What happened to the justice that Wayne Wright was demanding?

[batman2883]

I hate wayne wonder wright, he got me like only 1200 out of an accident that knocked me off the freeway from Union Pacific

[FromWayDowntown]

I hate wayne wonder wright, he got me like only 1200 out of an accident that knocked me off the freeway from Union Pacific

Because neither Wayne Wright nor Jim Adler (nor many of the countless other attorneys who advertise in that fashion) have any real interest in justice for you. What they want is to quickly settle your case for some amount of money so that they can take their 33 or 40% without incurring any real costs and move along to the next person who'll give them business. It's all about volume, not about quality or justice. It's a brilliant business model, but it really doesn't have much to do with the practice of law or an interest in justice.

Those guys would get the heeby-jeebies inside a real courtroom.

[Shelly]

Because neither Wayne Wright nor Jim Adler (nor many of the countless other attorneys who advertise in that fashion) have any real interest in justice for you. What they want is to quickly settle your case for some amount of money so that they can take their 33 or 40% without incurring any real costs and move along to the next person who'll give them business. It's all about volume, not about quality or justice. It's a brilliant business model, but it really doesn't have much to do with the practice of law or an interest in justice.

Those guys would get the heeby-jeebies inside a real courtroom.

Translation: Ambulance chasers. Correct?

[batman2883]

Your very correct they settled out of court when they should have kept fighting stupid union pacific missed their exit and then tried to jump the median and sideswept me off the freeway

[FromWayDowntown]

Translation: Ambulance chasers. Correct?

Ding Ding.

I can't cut to the chase like that Shelly -- it goes against my training.

Why use 2 words when you can use 200? :)