Legal Question in Family Law in Virginia
Custody - no representation
I previously posted about my custody issue and the response was to get a lawyer. The problem is that the legal aid in my area is not taking anymore cases at all right now because they have all they can handle. So, without the finances to pay for a lawyer, and the fact that I cannot get help through legal aid; how does someone like me get the help they need? I want custody of my children. They want to live with me. Father currently has physical custody and works 3rd shift, I work 1st. Court hearing is scheduled for September which is well after school starts. How do I get the date sooner, or manage to keep the kids with me temporarily while they start school? He has a lawyer. I have another child at home by another marriage that I have custody of. I need some REAL advice here. How do I win? How do I keep the kids from losing?
2 Answers from Attorneys
Re: Custody - no representation
Further real advice: you could check with the clerk's office to see whether you might qualify for a court appointed counsel. Although court-appointed counsel is normally available only to defendants charged with jailable criminal offenses and who meet certain income requirements, it's my understanding that such counsel may be appointed by the court under certain limited circumstances in certain domestic relations matters such as custody suits.
Re: Custody - no representation
If the court cannot accommodate your situation by appointing you an attorney, your only realistic fall-back option is to request a continuance in the matter until you can secure counsel by some means. As previously noted, your going forward with the case without an attorney in September will almost assuredly be a loser for you.
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