If my ex-husband is hiring a lawyer to take me to court for visitations with the kids, should I be worried?

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If my ex-husband is hiring a lawyer to take me to court for visitations with the kids, should I be worried?

I have sole custody and decision making on my children. He has never paid child support and there is a no contact rrstraining order keeping him from the children and I. I can’t afford an attorney.

Asked on January 3, 2013 under Family Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Going into litigation on your own without representation is something to at least be concerned about.  Through legal maneuvering, the attorney may try to get the court to lift the restraining order so that your ex- can see the children. 

If you cannot afford representation, you still need to be prepared to defend yourself.  Gather all the information or documentation that led up to the judge restricting his visitations.  Also be able to show the judge that interacting with him at this point could place the children at a physical or emotional risk of harm. 

Even though you cannot afford an attorney, you may still be able to get some legal help with representation.  Contact the court coordinator and the clerk of the court in your county to see if the local bar association offers any pro bono legal clinics.  An attorney may be available at one of these clinics to look over his motions and give you more specific advice on what to do next.  Also inquire about any legal service organizations that help low income applicants.  Some representation is better than no representation, especially when it involves the safety of your children.


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