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[NC] Can a client seek new counsel if their attorney plans to withdraw before a custody hearing?
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I need advice regarding a North Carolina family law contempt hearing and custody matter. My attorney has raised concerns about evidence, my position regarding parenting time, and potential withdrawal. I need guidance on my rights, how to prepare for the hearing, and whether I should seek new counsel.
I understand that dealing with a contempt hearing and custody matter can be very stressful. Can you share more about the specific concerns your attorney has raised regarding the evidence?
My attorney had received approximately 700+ pages of text messages from me in April. On July 2, the day before she was scheduled to begin vacation and four days before the July 6 contempt hearing, she notified me that she had reviewed the messages and believed they contradicted information I had provided. She stated that she believed I had provided false information and referenced potential perjury consequences. She also stated that she intended to withdraw as my counsel after the hearing. I had not previously been asked to provide a summary or clarification of the text communications, and the hearing was only days away. I need advice regarding whether this created a breakdown in representation, my options with current counsel, and how to prepare for the upcoming hearing.
How long have you been experiencing issues with your current attorney, and what specific outcomes are you hoping to achieve in this hearing?
I have been experiencing concerns with my attorney since the beginning of our representation. During my initial consultation, she was confident in my case and recommended pursuing a custody modification. Her assessment and strategy significantly changed after reviewing text messages shortly before the contempt hearing. On July 2, she stated there were discrepancies in my statements, raised concerns about potential perjury, and expressed intent to withdraw as counsel. I need guidance on my options, ensuring effective representation, and how to proceed with my custody and contempt matters.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your custody matter.
No.
Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a situation regarding a North Carolina family law contempt hearing and custody matter. Just a note, this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only. Could you tell me more about any specific concerns you have or steps you've taken so far?
Thank you. I am seeking guidance regarding a North Carolina family law contempt hearing and custody matter. I hired my current attorney to pursue a custody modification. During my initial consultation, she was confident in my case and recommended moving forward with modification. However, shortly before the contempt hearing, her strategy changed. My attorney reviewed 700+ pages of text messages that had been provided since April. On July 2, four days before the scheduled hearing, she stated that the messages contradicted my account, accused me of providing false information, referenced potential perjury consequences, and stated she intended to withdraw as my counsel after the hearing. The hearing was continued due to my hospitalization, and she remains counsel currently. My concerns are:
- Whether my attorney-client relationship has been compromised due to the statements made and change in strategy.
- Whether I should continue with current counsel or seek new representation before the continued hearing.
- How I should prepare for the contempt hearing and protect my position regarding custody modification. I would appreciate your perspective on my options and next steps.
The new court date is 7/23/26. She shared that I said a blanket statement that he never got the girls from March 2025 to August 2025, and I even have a summary showing that I said he grossly was inconsistent getting them during that time which is true side of 184 days he may have gotten them five times for overnight. Meanwhile, we share 50-50 custody agreement.
Her strategy was to utilize my daughter's health condition, mental health or emotional health in the needs to request a modification of custody, which will reflect their real time reality of the current arrangement which is it has rarely been 50-50
- Whether your attorney client relationship is whether you have faith in your attorney still or not. I would have no way to evaluate whether her reaction to the evidence reviewed was valid or not. Clearly there is something in those 700 text messages made her change her opinion on the strategy of your case and had real concerns on how it was being presented.
- In general, if you do not have faith in your attorney and the attorney plans to withdraw, then it appears there isn't a lot of trust there. 3. You should prepare for the contempt hearing based on what your current attorney or future attorney advises you.
For reference, an attorney's decision to continue or withdraw from a case in North Carolina is governed by Rule 1.16 of the North Carolina Rules of Professional Conduct (27 N.C. Admin. Code 02 RULE 1.16), which addresses when a lawyer must or may decline or terminate representation. Once a lawyer has formally appeared in a pending case, North Carolina practice also generally requires the court's permission before the attorney can withdraw, so a change in counsel this close to a hearing may need to be addressed with the court directly rather than handled informally between client and attorney.
Separately, the underlying custody modification issue is governed by (N.C. Gen. Stat. § 50-13.7), which allows a custody order to be modified or vacated at any time upon a motion showing changed circumstances, a standard that North Carolina courts have further interpreted to require a substantial change affecting the child's welfare.
Thank you.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Just a friendly reminder, don't hesitate to reach out whenever you need assistance!
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