QUESTION
Can a attorney order parenting time without the divorce being final and without a judge's signature?
Asked on Dec 08th, 2012 on Child Custody - Michigan
More details to this question:
The lawyer made my daughter sign an agreement for three days of parenting time for her soon to be ex husband. The lawyer threatened her saying he had evidence against her to take child from her. She asked for a continuance because pro bono was to provide her a lawyer. The judge didn't sign anything. It was over the protective order. The judge gave her a choice to either drop the protective order or the husband would get the baby every other wk. This man has been abusive to both my daughter and child.
3 ANSWERS
1 Award
A lawyer has no authority to require a litigant to take any particular action. A lawyer can only advise his or her own client and attempt to press the other party to make a decision that the lawyer hopes for. It is alright for a lawyer to be very persuasive so long as the lawyer is not coercive or unfairly threatening. If you believe that the lawyer did not treat you appropriately, you should file a complaint with the state Bar association. They will investigate and attempt to determine whether lawyer's conduct was proper. Good luck.
Answered on Dec 11th, 2012 at 3:47 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If you are not happy with your representation hire an attorney to properly present your case in court The other attorney can not force you to do anything.
Answered on Dec 11th, 2012 at 3:46 AM
Dennis P. Mikko
To be enforceable, parenting time would have to be court ordered. It sounds like her husband's attorney was the one doing the threatening. Remember, he is looking out for the best interests of his client not necessarily the children. Your daughter needs to find herself an attorney immediately or it is likely she will be taken advantage of in this divorce proceeding.
Answered on Dec 10th, 2012 at 4:51 PM