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My attorney failed to answer a motion filed by my ex wife's attorney. Now I have less visitation time that before he got involve

Toledo, OH |

My wife was trying to move to Germany with her new husband and our son. During the case her attorney filed a motion to have my visitation reduced. My attorney failed to respond to the motion so it was filed and granted. Now I have less visitation time that I did before my attorney got involved. Should I file a complaint for misconduct on my attorney.

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Attorney answers 3

Best Answer

Generally motions like this require an oral hearing. You could give the attorney a chance to fix it or get another attorney. It is neglecting a legal matter and if your kids on now in Germany or looks like it's going to happen, then I'd consider filing a complaint. If it can be salvaged in court, try to do that. Make sure before filing a complaint though that your attorney was actually served.

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I agree with Mr. Thompson. Typically, a motion to modify custody / parenting time will be set for an oral hearing regardless of whether the opposing party files a written response. Usually, you would be given an opportunity to present your side at that hearing. That said, I would caustion against rushing to judgment. While its possible that your attorney made a mistake, its also possible that the court made a mistake or something else happened beyond your attorney's control. You should discuss the matter with your attorney, find out what actually happened, and determine whether the situation can be remedied. If you are not satisified with the answer you recieve, then you should discuss the matter with other attorneys to determine if any misconduct occurred and whether it is possible to fix the problem.

That said, as these issues can be time sensitive, especially where an international move is involved, you should discuss the matter with your attorney, and consult with other attorneys, if necessary, as soon as possible.

Robert P. Soto
Attorney at Law
Stephen A. Skiver & Associates, LLC



We did go to court, she was allowed to go to Germany with her new husband and our son. We were trying to resolve visitation issues. Her attorney sent a recommendation to my attorney who sent it to me. (Which included less visitation time.) I told my attorney we would not agree with what she wanted. By law, my attorney had 5 days to respond in writing to her attorney and he did not. So her attorney filed the motion and the court approved it. My attorney did file a motion to have the judgement removed but because he didn't follow the law the motion was denied.


I agree with both counsel. Motions to not generally need to be "replied to" . They are filed, then a hearing is held. I am not sure if misconduct took place or not. If you believe it has, then you can report it, and they will investigate it. Understand that relocation cases are difficult, and if your daughter is moving to Germany, I would EXPECT that you would get less time. Good luck.

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