Guardianship Case Legal Guidance

Summary

Duane is seeking legal counsel for a guardianship case involving his two minor children. The case is filed in Chatham County, Georgia, but he resides in Portsmouth, Virginia. He needs an attorney who can practice in Georgia. His previous lawyer allegedly neglected the case, leading to a lack of communication and progress. Duane is also dealing with child support payments for children from a previous marriage. He is currently in the process of contacting the Georgia State Bar regarding his concerns about his previous lawyers professional conduct.

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I am looking for a lawyer or legal counsel that can assist me in guardianship case concerning my two minor children. I have a petition filed in the Is superior court of Chatham County, Georgia. The lawyer previously assisting, has dropped the case for no known reason. It was shared with me by the courts that I need assistance of another lawyer to pursue the case.
What is the reason for seeking guardianship of your children?

In Virginia, guardianship cases are handled by the Juvenile and Domestic Relations District Court. The nearest court to you is in Richmond, VA. Contact: (*) *-*.
I live in portsmouth virginia while my children reside in chatham county georgia. I need the assistance of an atternie who can practice in georgia
Are there any specific issues or concerns you want your attorney to address in your guardianship case?

In Georgia, guardianship cases are handled by the Probate Court. The Chatham County Probate Court's contact is (*) *-*.
The case was sent from probate court to the superior courts Where the previous lawyer submitted a petition on my behalf
What is the current status of your case in the superior court?

In Georgia, Superior Courts handle cases involving divorce, title to land, and felony criminal matters. Probate Courts handle matters such as guardianship.
The petition was filed on my behalf, nothing further has been done due to my legal councel dismissing themselves from the case. I have contacted the Is georgia state bar concerning the ethics in representation. My previous Lawyer did not communicate with me concerning any litigation or or legal documentation filed. I had to call the courts concerning any current status of a case. I am pretty much still in the dark, Calling the courts determining further actions. This is not my first time petitioning the courts, For whatever reason I never get any legal commedication or documentation sent to me.
What was the reason given by your previous lawyer for dismissing themselves from the case?

In Georgia, lawyers are required to communicate with their clients about their case. If they fail to do so, it can be considered a violation of the Georgia Rules of Professional Conduct.
I have not spoken to my previous lawyer. I've tried calling calling, emailing, No communication was was shared Other than me speaking with an in bound call center Stating that they will submit a ticket or email or my behalf. Once I have spoken with a legal Aid, stating she was new needing/wanting me to share with her the case. I thought this was strange, Because any communication/ Documentation the the lawyer would have shared it with her, correct. I shared with her. I thought it was strange and she knew nothing of the case or what had, or had not been done.
What steps have you taken with the Georgia State Bar regarding your complaint about your previous lawyer's lack of communication?

In Georgia, you can file a grievance against a lawyer for violating the Rules of Professional Conduct.
At this time, In the middle of contacting them with regards to this concern and type of Malpractice
What specific malpractice are you alleging against your previous lawyer?

In Georgia, legal malpractice can include negligence, breach of fiduciary duty, and breach of contract.
Negligence, I called with no call backs. My lawyer never sent any communication or documentation with regards to determination in course of action. The only reason I knew that she would be filing with the superior courts because I called getting her once. After that, Again, I never heard from her and had no further understanding of where the case stood or honestly if anything had been done until I contact the course. They shared with me at that time, That she stated she was no longer my attorney. The intake caller that I spoke with briefly shared that the lawyer had done their job.
What evidence do you have to support your claim of negligence against your previous lawyer?

In Virginia, to prove legal malpractice, you must show that the attorney failed to use the skill and care that a reasonably competent attorney would have used under similar circumstances.
She never communicated, i had no understanding of the situation. There was never shared any information at all. I was never had the opportunity to be briefed connecting or sharing with me any information. All I understood was her name, due to not having the privilege of speaking/ communications with her. Or, when I thought corners had turned, The only thing shared were that there would be a petition filed with the superior court. She stated she would be contacted me soon. And that I would hear something in the on coming weeks..
What steps have you taken to document these instances of lack of communication from your previous lawyer?
Due to the fact that she never called, sent legal communication or documentation sent , nor emails. The only indicated date was in march of this year. After then it was months of attempts to contact, finding out at the end of June * a petition is filed with the Chatham county superior court at this time, due to me finding out that I had no representation and i needed another lawyer. But it was as well expressed to me that I can do nothing further until my lawyer pursues this case. This has been a hard, painful and frustrating journey
What steps have you taken to find a new lawyer to represent you in your guardianship case?
Due to the fact that I live in virginia, Needing someone that could practice in georgia that's my concern and it's hart
What specific qualities or expertise are you looking for in your new attorney to handle your guardianship case in Georgia?
I have looked talked coming to no real end. I need someone who will fight hard for fathers desiring to be with their children. A parent trying to the best dad, role model and provider they are called to be. I Need a lawyer experienced in fighting for fathers rights
What is the current custody arrangement and why do you believe it should be changed?
The aunt has been given guardianship due to the fact that the mother was sick in the hospital and I lived in another state. And I didn't want to Just rip my kids away. After that point I pursued On my own through the courts not hearing anything, That's when I knew I needed legal representation. felt totally cut off. Only seeing my kids once and not being able to having the privilege to have relationships with them, being The father and care taker that I am called to be
What steps have you taken to modify the current guardianship arrangement in court?

In Virginia, to modify a guardianship, you must show a change in circumstances and that the modification is in the best interest of the child.
Meaning that I had to file in georgia with an attorney who will represent me there.
What steps have you taken to find an attorney in Georgia to represent you in your guardianship case?

In Georgia, you can search for an attorney through the State Bar of Georgia's Lawyer Directory.
I was told I had to do this in georgia
I have attempted to contact attorney's not asking for a big down payment, sence i just went through a let down. With regularly paying child support and current bills, i am not sure how to maneuver. I know that I need to be the parent raising my children.
What is the current status of your child support payments and are there any arrears? In Virginia, child support obligations typically continue until the child turns *.
Yes, for my children from a previous marriage, when I was unemployed.
What steps have you taken to address the arrears in child support payments? In Virginia, child support arrears can lead to wage garnishment, tax refund interception, and license suspension.
I am paying those as well at this time
What is the total amount of arrears you owe for child support? In Virginia, you can request a modification of your child support order if there's been a significant change in circumstances.
I'm not totally sure, i have the information on files though
Could you please provide the total amount of arrears you owe for child support? This information is crucial to understand your financial obligations.
Can someone please call me tomorrow, giving me an opportunity to gather all information needed. I am away from my home at this time
Sure, ****. Could you please provide a suitable time and the best contact number to reach you tomorrow?
Tomorrow around *:* sounds good
What is the best contact number to reach you at *:* PM tomorrow?
* * *
Thank you, ****. We will call you tomorrow at *:* PM on * * * to further discuss your case.
Thanks greatly
What is the best way to contact the lawyer who previously represented you?
You can Contact Marble Law , Ask for Mylee Mckenney..
What is the best way to reach Mylee Mckenney at Marble Law?
Unfortunately, I don't have the answer to that question. We've tried everything and never got anywhere.
What is the contact information for Marble Law where Mylee Mckenney works?
*-* that is Marble Law. Her number is *-*-*
What is the current status of your guardianship case in the Superior Court of Chatham County, Georgia?
It is pending due to the fact that we have. Need of another attorney? I continue to call and it appears to be the same status. But I have never received any kind of leagle documentation in the mail ever even when I first filed my petition before.
What is the case number for your guardianship case in the Superior Court of Chatham County, Georgia?
Because I am not home and I don't have any information to share with you at this time. Because it is all written. Again I apologize and would have to share that with you tomorrow
That's perfectly fine, ****. We can discuss this further when you have all the necessary information. Please gather all relevant documents for our call tomorrow.
I have no documentation other than what i've written down
What is the full name of your children and their current age? This information is crucial for the guardianship case.
Kamren Devon Carland **** 10 years old Kamenia Danai Lashawn **** 7 years old
What is the current living situation of your children in Chatham County, Georgia?
They are living with their aunt
What is the full name and contact information of the aunt your children are currently living with?
Monike Sapp (*)*-*
What is the reason for the aunt having guardianship and not you?

In Virginia, guardianship can be granted to another person if the court finds it in the best interest of the child.
Can we take a break
Sure, ****. Please feel free to reach out when you're ready to continue. Remember, it's important to gather all necessary information for your case.
I have a meeting right now and I will continue as soon as I am finished
Sure, ****. Please feel free to reach out when you're ready to continue. Remember, it's important to gather all necessary information for your case.