You will want to send your concerns in writing to document your efforts to have your case move forward. I would suggest sending your attorney a certified letter outlining your concerns, specifically making requests to file for temporary child support and any other action you would like to take, as well as stating the manner in which the separation agreement is not being followed.
Of course, you may always seek a second opinion on your case by having a consultation with another attorney. It is difficult to start over with a new attorney, but it happens often in my practice. I have had several clients who came to our firm after previously being represented by another attorney. It will take the new attorney some time to catch up on your case, but it should not impair you with the court's decisions in your case. This frequently happens and judges do not assign any fault to this.
However, if you can salvage the relationship with your current attorney, that is usually best as he already knows the facts of your case and the procedural history. Address your concerns in writing and be sure to follow up on the letter with a scheduled telephone conference. Often if you schedule a time for a telephone conference, then you can make sure your attorney will be available and have sufficient time to address your concerns.
Communication with an attorney or staff member via electronic means on Avvo, through e-mail or other websites, does not create an attorney-client relationship or constitute the provision or receipt of legal advice. Any communication from Breeding & Dothard, LLC should be considered informational only, and should not be relied or acted upon until a formal attorney-client relationship is established via a signed written agreement.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.