Can I file a Motion to Withdraw?

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Can I file a Motion to Withdraw?

I am going through a divorce with a child. My husband was awarded primary custody of our son in the TO and I must pay child support. I cannot afford to pay my lawyer anymore to fight for custody or try to bring the child support payments down. She has mentioned filing a Motion to Withdraw. Is this something I can file myself and what happens next? What happens next if I can not hire another lawyer?

Asked on June 20, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Either you or your attorney can file the motion.  If you really want her off of your case, you can instruct her to do so.  Then arrange for a time to sign an agreed order and a date to get the judge to sign it.  If your attorney withdraws, it will be your responsibility to hire a new attorney.  You may have to settle for someone who charges less.  If you cannot afford an attorney, one will not be appointed to you like in a criminal case.  You will either have to see if a Legal Aid organization will agree to represent you for free or represent yourself.  Considering that you still seem interested in getting custody of your child, you really don't want to go solo at this point.  TO's are only temporary, so you can still convince a judge (or jury) that you should have custody.  You'll have a tougher time doing so if you don't understand how to admit evidence at a hearing or trial.


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