Hello
From 10/2009 to Dec 2010 I had full guardianship of my grandchildren.In June and July of '10 we were in court and I had a lawyer who seemed to run out of steam she did not convey what the Judge should of heard and the defendants lawyer had the floor - so my guardianship was eventually going to be discharged (in Dec 2010) which is was....I had to file a final report and submit it to the court. I was sent my discharge papers and assumed everything was over. In January we received a letter from the court for a review. Apparently my report triggered interest. Today I went very prepared; with documentation; pictures; and my daughters cry for help on her face book page. I did not ask my lawyer to come; for two reasons she would not have addressed the court strongly enough with the issues I had; and I felt confident enough to convey them. However, even though they were stumbling around for their answers they had a lawyer who redirected the issues so unfortunately I was discharged-without the opportunity to tell the Judge all that she needed to know. I had no opportunity to refocus the facts; and you are not allowed to speak unless spoken to. They won the last two times and today by lying. My question is I have a small balance owed to my lawyer but I don't feel she represented me justly..do I still pay her for services not rendered? Second is there anybody out there that can help me. My grandchildren are at risk...the father drinks drugs and plays around - in the 10 years they have been together they have not been able to keep adequate housing for themselves or the children. He kicked them out of the house 3x and my daughter was homeless and history is about to repeat itself-I;m broke fighting all of this; used all my savings but I cannot turn my back on the kids. They have been with me more than they have been with their parents even before guardianship is there anything I can do. Any advice would be greatly appreciated. Thank you
all i would know to do is set up an appointment with child services and see what they could do. besides that, my granny is also facing a similiar situation with my 4 year old sister. (i'll be 23 this july if that shows you how my father is....just saying)..
goodluck and god bless
Lesson learned... don't go to court w/o a lawyer (even a crappy one).
Lawyers typically bill either "per hour" or "per service", so technically if your attorney can account for her time and/or the documentation then you owe her the balance. You don't pay "by outcome".
I would strongly recommend you do some footwork, starting with a local support group for grandparents raising children- those folks may have great names/resources/support! You can also contact social services directly and schedule an appointment with a caseworker who may be able to help you understand the process.
Unfortunately, the court system typically errs on the side of parental custody which in this case doesn't seem in the best interest of the children. Find a good attorney and take out a personal loan if necessary.
I can't answer for the attorney fees, but I know they are brutal when it comes to their money.
As for your Grandchild, hopefully the system will kick in and take over. See if there is anything that can be done ahead of time in the event they go into the system so you will be notified to pick them up for fostering.
Can you contact some other lawyers or ask around at a public school system from the counselors if there are any "pro bono" lawyers in your town? Also ask at town hall, and perhaps just walk into a lawyer's office in a local town and ask. Hopefully a lawyer on this site will answer. Maybe google "guardianship law"? Good luck.
Depends on your agreement with the lawyer - is it a flat fee or a hourly rate?
As for your daughter and the kids is it that she won't leave him? Will you not let her stay also? I didn't read how she did drugs or abused the children or maybe she needs to get herself straightened out and go to a woman's shelter get some counsouling, job training and a restraining order against the father. I think getting your daughter independence from this man will help the children more than anything.Courts will generally side with the parents if they seem even remotely interested in their kids. Why make things more expensive and harder on your daughter? If your daughter does good the kids will do good.
unfortunately you have to view this situation as a lesson learned. If you are in court fighting for something, you MUST have a lawyer present.
I would assume that yes you would have to pay the attorney what you owe her if that amount was already agreed upon. You chose not to have her come to court.
I would also contact Children's Services. If they don't do anything, keep calling. You mentioned your daughter asking for help. Is she still with him? Has she already lost rights to her children? She may need to contact Children's Services as well. Good luck!
Since the children are back with their parents, have you thought about filing a Child Protective Services complaint? If not I would suggest doing so.
