Legal Question in Family Law in Florida
My ex-husband has a suspended driver's license. He continues to drive during his visitation pick-ups & drop-offs. Our parenting plan does not specify anything regarding valid driver's licenses in the section titled "Transportation." He has a pregnant girlfriend, and lives with her parents. His brother, sister, brother-in-law, father, and mother all live in the same town as him. I would view any of them as acceptable drivers for the pick-up & drop-off time. I would also be willing to provide all transportation to and from visitation. (Currently he's withholding his address from me. I have filed a Motion for Contempt of Court to Compel Disclosure of the Whereabouts of the Minor Child, but a hearing date has yet to be set. I left a message with the family court coordinator in February, but have yet to hear a response.) Since there is no language regarding driver's licenses in the Consent Final Judgment, should I file another Motion for Contempt of Court, or should I first file a Petition for Proposed Amendment to the Transportation section of the visitation guidelines and THEN file a Motion for Contempt of Court if he continues to drive during the exercise of his visitation? Also, at the culmination of my divorce, my lawyer discussed with me the future motions and petitions I might need to file pro se. I worked in the accounting department of an insurance defense law firm, and she believed I would be able to represent myself in the future. (My ex-husband is a wonderful father, but a little prone to legal noncompliance.) What she didn't realize is that insurance defense lawyers are unfamiliar with family law. In addition, although I can get the JA's telephone number (unlike most petitioners representing themselves), the JA does not appreciate talking to a non-lawyer. The phrase "How did you even get this number?" is not uncommon. I fail mention it's printed on a paper tacked to the wall of my cubicle. And setting hearings through normal, non-lawyer channels is proving tedious. Would a lawyer possible represent me in a limited scope or capacity? Where I might compose the pleadings, but the lawyer's office would schedule the hearings? If a lawyer had moral issues with this arrangement, I'd of course allow him or her to review my pleadings (and charge the hourly fee for the review). Would such a lawyer also have to appear in the Judge's Chambers with me for my hearing, or could I attend alone? Thank you in advance for your consideration.
1 Answer from Attorneys
Hi. There may be a lawyer out there that will work under your arrangement, but I imagine most lawyers will say no. It never saves time or money for me to review legal work done by a client. By the way, once we appear on your behalf, we're on the hook and fully responsible for the outcome. If I accepted your arrangement, the first thing I'd do is notify my malpractice carrier.
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