Reserved court date

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: Reserved court date

Unread postby BartSimpson » Fri Apr 14, 2017 8:36 am

hopeful dad wrote:Without modification D would continue at the same childcare facility where she is now.

What is your goal?
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Re: Reserved court date

Unread postby quantum » Fri Apr 14, 2017 8:37 am

My goal is same too, keep D where she is now and change to public school when she is ready for kindergarten
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Re: Reserved court date

Unread postby massdad1234 » Fri Apr 14, 2017 8:45 am

so the strategy is obvious and has been positioned - delay delay delay. Can you outline why you can't or won't do that?

To bart's point - you seem to enjoy the drama/entanglement with the ex. Ignore all this noise and carry on. You need to adjust your DGAF meter.
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Re: Reserved court date

Unread postby BartSimpson » Fri Apr 14, 2017 8:46 am

Hence the reason for delay. It achieves your goal.

You must consider that the mother's new husband only knows what he has been told, and certainly she is demanding he reinforce her efforts, financially as well as emotionally. While it isn't the mother's first go around, it's time for Mr. Wonderful to find out what fun the Courts are - and how his new wife is nuts.

In the grand scheme of things, your delay will achieve your goal of the child remaining in the same facility, and drive home the reality to Mr. Wonderful, both his wallet and his love life are going to take a beating.

Unless he has been married and divorced in California, he is probably as clueless as you were years ago when you started this thing. He's about to get a wake up call . . . Sucks to be him.
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Re: Reserved court date

Unread postby quantum » Fri Apr 14, 2017 12:41 pm

I want Mr. Wonderful to have that reality check for sure. I really like that idea

Now the only way to achieve delay is with a new attorney. This means that I have to go out of my comfort zone. During the initial days, I have fired two lawyers in quick succession. There was nothing worse that could have happened by switching to a new counsel then. Now I have come a long way with my current attorney and together we have acheived results together regardless of what her style and approach is.

I have to look into the logistics as well. My current attorney is working on a 1000$ retainer and a $275 fee. But for sure trial is the last thing she wants to do. She outright said she has to look into my financial situation for trial. I am sure when the new attorney come to know about my financial situation he probably will advice me against trial too.

A new lawyer who are supposedly trial lawyers are expensive. Min. 5k of retainer with rate of 350 and upwards. The one I have spoken to will do it for 3.5k retainer and 335 per hr. A separate 10k retainer for trial.

The question is whether the new attorney can protect what I have and achieve good results on finances optimally without making a mess. Another concern is that new attorney is not privy to the history of the case such as custody issues, 2 rounds of discovery and all that

At the same time OC attacked me with special interrogatories with deadline of one month. Will that get extended too?

One changes atty if that atty is screwing up but in this case it would be solely for a different strategy.

It's going to be a tough decision to take. A wrong move on the attorney can be quite disasterous.
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Re: Reserved court date

Unread postby lovingfatherof2 » Fri Apr 14, 2017 12:53 pm

Yup your right. My first two lawyers were $3500 retainers at $250 an hour and when I finally started talking to real litigators they all started at $5000+ retainers and $350+ an hour. Even found one guy that had a $15,000 retainer and was $600 an hour standard. He told me his retainer can reach $30K depending on the kind of case it is :shock:

But the reality is you will spend that money anyways if you go with the cheaper $3500 retainer lawyers. The amount of money you will spend dealing with their incompetence and having them go back and fix what they have done constantly drives their cost up to $5000+ anyways. Might as well just hire the trial lawyer from the start.
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Re: Reserved court date

Unread postby whatever_works » Fri Apr 14, 2017 3:35 pm

lovingfatherof2 wrote:But the reality is you will spend that money anyways if you go with the cheaper $3500 retainer lawyers.


This. ^^^ Death by a thousand cuts.

Plus, I think the OP's temperament is matched to a litigating attorney and the current one seems to be more of a mediator.

Just my 2 cents worth.
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Re: Reserved court date

Unread postby Trevor » Fri Apr 14, 2017 3:54 pm

It's telling the way you relish the idea that MrW is going through get screwed. Stop caring about it.
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Re: Reserved court date

Unread postby BartSimpson » Fri Apr 14, 2017 4:54 pm

You don't need an attorney to delay, you can request time from the Court to find an attorney as your first delay.
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Re: Reserved court date

Unread postby quantum » Fri Apr 14, 2017 7:21 pm

Sure, for that I need to first remove the attorney on record. correct?

Also I am hit by interrogatories with deadline to respond in 30 days. Will I be violating the deadline if I am do not respond since I do not have an attorney?
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