Motion to Modify Child Custody

[Maria Trigoso]

This is a custody modification case. The respondant's attorney recommended a GAL who happened to be a friend of his ( the respondant's attorney ) who was willing to work Pro Bono. Me and my attorney agreed on it since she was pro bono. Big mistake. The Gal submitted her interim report to court without even talking to me, or doing a house inspection. But she did talk to the respondant ( the father ) and on her report she mentioned some of his "concerns" but since she didnt talk to me ( the mother and petitioner ) then none of my concerns where mentioned. Even though the report is more favorable to me, I feel as though that it was unfair not to give me the chance to talk to her before a report was made. My attorney set up a meeting and we got to talk to her after the report was made. I told my attorney i felt it was unfair that situation but she in uncapable of understand my feelings and sees no wrong doing. My 16 yrs old daughter is desperate to get out of the father's house and even wrote a 9 page letter to the gal. The gal read the letter but has no comments about it. The gal and my attorney told me that the judge wont probably want to talk to my 16 yrs old. How can I get that letter to land on the judge's desk? I feel kind of helpless here and i lost trust on my attorney. I mentioned to her that we are being passive on this case, and she basically told me that if i dont like how she is representing me just to fire her, and of course the retainer is non refundable and i have no more money left. There is a lot of emotional abuse at the fathers house and she is being seen by a therapist. Would it be proper to send my daughters letter to the judge since she addressed the letter to the gal and the judge? Could i subpoena the therapist who knows all what is happening at the fathers house? Im lost

[Attorney Howard Iken]

There are a lot of technical rules involved and you are best off seeing another attorney for a second opinion.

You cannot send a letter to the judge. That may annoy the judge and it is against the rules.

The therapist may be covered by a "privilege." That means the info you are seeking may be protected.