Legal Question in Family Law in California

I Filed Pro Se, I Hired 1st Atty, Judge Denies My 2nd Atty

I orginialy filed my divorce/custody papers Pro Se...my attorney helped me prepare them and since my ex did not respond, we both agreed a retainer was not necessary. Last minute my ex shows up in court, so I had to retain my attorney ASAP. My custody case went in such a direction I did not want so quickly, that before I knew it, my 3yr old son has alternating weeks from my house to his father's which is two hours away. Because of this, I have filed for a substitution of attorneys....however....the judge denied the request because my 1st atty did not file substition from me (pro se) to him. If the judge doesn't recognize my original legal representation, then doesn't that mean that everything he has submitted or has signed is also not recognized? Isn't this enough reason to start de novo? PLEASE HELP.


Asked on 8/21/05, 4:55 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: I Filed Pro Se, I Hired 1st Atty, Judge Denies My 2nd Atty

It appears from your statement that the court refused the substitution because you were already the attorney of record. The other attorney was not recognized as your attoreny of record. However, you were there when the attorney presented documents to the court and presented your side of the case. It is unlikely that this will be sufficient to set aside any orders made by the court. Discuss the facts and documents with another attorney.

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Answered on 8/29/05, 1:49 pm


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