Conference quokka::non_custodial_parents

306.0. "Need Attorney who will work w/o retainer" by QUOKKA::3258::SCANLON () Mon May 09 1994 09:41

My ex-husband is having some marital/custodial problems (new wife, not me!) 
that I'm hoping someone here might be able to help with.

His wife of six months packed up and moved home with her parents several
weeks ago, requesting a divorce.  He isn't really sure why (we were married
for seven years, and he NEVER did anything that would have made me
never want to see him again. He was a very nice person with a totally 
incompatible set of interests and goals), but she left about 8 weeks 
pregnant.  She is refusing to come back (she is with her parents in 
MA), and wants him to have nothing to do with the child.  Since this 
is his first child, he is very upset, as he still loves her very much 
and was hoping to make a good life for them.  I got him to go to a lawyer
and have suggested he should file first in NH, even if it is just a legal
separation to give her time to change her mind, but most lawyers want a 
retainer up front, which is money he just doesn't have.  Neither one 
of us left our divorce with much - he owns the condo we purchased (my 
name is still on the mortgage), but it's worth about 30 thousand 
less than we purchased it for, and since we can't refinance, his 
payments are pretty high.  For her part, she is very young (she's 20, 
he's 35), was abused as a child, and appears to have a few
problems (not the least of which are parents who will come and pick her
up everytime she and my ex have an argument) she has not chosen to come
to terms with yet. My ex naturally has many concerns about how this
will affect their child's upbringing as well.  I gave him the strong 
suggestions in here to document, document, document which he is doing.
He was told that he had the right to go to her prenatal doctor's appointments
and to be present at the birth, but she has stated she wants him nowhere
near the child, and is having her (MA) attorney draw up documents for him.
I have strongly cautioned him that he CANNOT sign away parental responsibility
no matter what she may want, and told him not to sign ANYTHING without
benefit of attorney.  I've also given him the names and addresses of
the Father's Rights organizations I've found in here.  
  
What I really need, though, is to know if anyone has the name of a lawyer
who will work without a retainer on a divorce.  

I'm sorry this is long-winded, but I do still considered him a friend
even if he is no longer my husband, and would like to help him out if I
can.  I've received his permission to post this in here, and I hope someone
can help him out.  He lives in the Seacoast area (Plaistow).

Thanks,

Mary-Michael Scanlon
ABITOK::SCANLON
264-1056

    
    1) Do NOT!!! allow her to file in another state.  If so, he will have
       to fight the action there.  He will have to get an attourney there
       and fight there long distance.
    
    2) If he really is broke, might have him look for Legal Services
       groups.  Check for lawyer referal services in yellow pages.  Also
       Bar Association.  
    
    3) Keep documenting.
    
    fred();

    I will concure with Fred! Do not let her file in another state. File
    here! If she will not talk to him or a marriage councler than that
    should spell out the handwriting on the wall. And there should be no
    quam of filling and starting the ball to roll here. 

    Finding an attorny to work with out a retainer is like Digital to ask
    you to work for free.:)
    

    For what it's worth I had Atty Bob Leslie of Salem NH several years ago
    when I went thru a divorce. At my request he did not charge a retainer!
    Not sure he does this with everybody but worth a try. 
    I hope he does'nt mind me saying this over this data base.
    He also seemed to be very fair and honest considering he had to deal
    with my ex's sleazo feminist lawyer who tried to flush me and kids 
    down the toilet!!    
    
                                                   Bill P