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    nicw1917's Avatar
    nicw1917 Posts: 3, Reputation: 2
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    #1

    Dec 14, 2011, 09:11 PM
    Can a person file a motion on their own bypassing their lawyer?
    I filed for a Modification of Custody, visitation or support. I delivered the copy to my ex's lawyer who represented him at the cusody hearing. There has not been a motion stating they are not representing him anymore. He filed for an extension on this but he did not go through said lawyer. I know laws are different in all states so I need to know about Alaska. Can he do this or can I have it dismissed?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Dec 15, 2011, 04:33 AM
    If the court accepted the motion, then you can't get it dismissed on those grounds. Also Family courts tend to be less formal.
    kansell's Avatar
    kansell Posts: 6, Reputation: 2
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    #3

    Dec 15, 2011, 06:24 AM
    I believe the need for a lawyer to communicate his involvement in legal matters depends on the motion requested. Maybe he needs an extension to obtain or receive new legal council.some lawyers need to be retained to continue council in family law. If the lawyer is not retained to defend any further applications he no longer has obligagtion to any new motions or applications.
    kansell's Avatar
    kansell Posts: 6, Reputation: 2
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    #4

    Dec 15, 2011, 06:56 AM
    I believe the need for a lawyer to communicate his involvement in legal matters depends on the motion requested. Maybe he needs an extension to obtain or receive new legal council.some lawyers need to be retained to continue council in family law. If the lawyer is not retained to defend any further applications he no longer has obligagtion to any new motions or applications.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Dec 15, 2011, 10:46 AM
    In NY (where I am) it depends on the time frame. Would I ever serve the Attorney for the other side? Yes, but I would also serve the party himself/herself.

    If some time has elapsed since the original Hearing and this Motion the Attorney very likely hasn't been retained. The fact that an Attorney represented a party in Court once doesn't mean he/she is the "Attorney for life."
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