What is the best way to negate the attorney, when my ex-wife refused mediation or ADR? 6 Answers as of February 14, 2012

Have you filed a Response to her Petition for a Dissolution? If not do so immediately. There are certified Paralegals who are experienced in Family Law and don't cost as much as an Attorney. If she has filed a Motion for sole custody, file a Responsive Declaration refuting her allegations. Custody mediation is mandatory, in your motion request Mediation. If your county has a Family Court Services, or have a system of assigning professional psychologists to recommend parenting plans to the Judge. You need to find out what system your County uses. Unfortunately, absent proof of fraud or perjury, there isn't much you can do about the attorney. Only a client can send a complaint to the State Bar of California. I don't know how old your son is but if he is over 5, the mediator or psychologist will talk to him. If he is 12 or older he can give input as to where he wants to live, and stay in school. If he is 16, he can make the decision. If they request private mediation and name someone they want - DON'T AGREE TO THEIR CHOICE. If the Judge picks the mediator, you should be prepared to name alternatives if the Judge is likely to choose from those they name. I am suggesting this because of your opinion of opposing counsel. There are mediators who are well known for being fair; I suggest you ask around and get their names. If you have a Family Court Services, they often have a list, but due to your lack of funds, you should tell the Judge you can't afford to pay for a private mediator and would prefer going to Family Court Services or whoever handles it for the County which is normally substantially cheaper. If opposing counsel offers to have his client pay for the private mediator, don't jump on that, it is also possible that subconsciously mediators lean toward the party paying their bill. Normally, the Judge orders each party to pay one-half. In Sacramento where I am, if you can't afford it, the County will set up a payment plan which you can handle.

The only way you can ensure an equal chance in court is to retain an experienced family law attorney to assist you in protecting you and your child's relationship.

The best way to negate an attorney, as you say, is with your own attorney. I would never advise doing a child custody action by yourself. There are factors the court considers and you must be aware of those factors. You also have to remember this is not about the conflict between you and the mother this is about the best interest of the child.

The best way to deal with opposing counsel is to get your own attorney. Otherwise, be courteous and thorough with your discovery.

If your wife can afford an attorney but you can't, you (or preferably an experienced Family Law Attorney) should file an Order to Show Cause seeking an attorney fee order, so that you can receive funds from your wife per court order to enable you to retain an attorney to represent you in the divorce.

Well, it might be hard to negate the attorney. For the most part, that is why people hire attorneys, to have a better chance. Here, you are going to want to have as much proof as you can to support your position. Evidence will be key if you do not have an attorney. If you believe you are right, looks for witnesses or anything that will help you prove your position.