Can anyone offer some advice for my brother?

[jabin20]

My brother is going through a nasty divorce. His lawyer was recently disbarred after failing to complete the required yearly coursework, and he was approved to represent himself since he cannot afford another lawyer's retainer fee. His wife's lawyer canceled the court-ordered mediation because he "felt it wasn't fair that the other party had to represent himself" - in a closed mediation that only involved the two clients. The mediation was supposed to be conducted and concluded this month. Keep in mind that the mediator said it was perfectly fine that he represented himself, especially since he's very familiar with the law anyway. However, he's now stuck with the dilemma of finding himself a new lawyer that he cannot afford so that his divorce can continue (it's dragged out for almost a year as it is). The local legal aid service won't take his case because it's a contested divorce.

The children are suffering in this situation. He wants to continue the current true joint custody agreement, only to alter it to where instead of each of them having the kids 3 1/2 days a week, they'd each get a week with the kids. She, however, wants to take full custody on the grounds that she wants child support. She hasn't worked in 6 years and sees no point in getting a job now.

My brother has proof that she or someone in her household abuses the children. My niece has shown me numerous bruises and burns on herself and my nephew and told me that "mommy did that because she got mad." DCS refuses to investigate because she called on my brother for having PTSD (which the VA Hospital has him documented as not being a threat to anyone, especially his children). DCS said they wouldn't investigate because it just looked more like a custody dispute, and that the bruises and burns could "have been accidents." His daughter constantly says she wants to live with him because "daddy plays with her, doesn't yell at her, and doesn't spend all his time on the computer in the other room."

He only wants to maintain the true joint custody because he's convinced that's his best route for now, and then go for full custody later if the signs of abuse and neglect continue.

My question is - what should he do in this situation? Should he fight to maintain his self-representation? Should he file for contempt of court since his wife's lawyer set the mediation, knowing his lawyer was disbarred, and then canceled it, instead of informing him that before the mediation could continue, he needed to find new legal counsel? Or should he try to find a new lawyer, even though he can't afford one?

I would especially like to hear from anybody who has experience in law - current lawyers or paralegals, legal secretaries, etc. This is a serious matter; therefore, I would appreciate serious answers.

Expansion on her paying for her lawyer - her family and boyfriend (yep, boyfriend) pay for everything for her. She doesn't want to get a job because it would mean she would have to take care of the kids herself, and she's perfectly content with everybody else taking care of her kids.

[tim]

Doesn't the VA have some sort of free legal help he can get?

[christie42]

he should contact some other attorneys that offer a free consultation... call the police regarding the child abuse...when the children are with him so they can make a report to the police and he gets a copy... also talk to the attorney about this issue... the authorities that wont investigate this abuse need to have jail time, jeopardizing the children... child support sounds out of the question... she sounds like someone who never should have had children . representing himself may be the best way to go but i dont know the state he is in... what the laws are... if i understand you right divorce mediation is good and is a lot cheaper that going through the courts with each party having an attorney... also there has to be a way to get his money back from the first attorney it sounds like to me the wifes lawyer sees himself getting no more money if mediation is done... ... also find out who is abusing the children and press charges... also press charges against the wife as she is allowing whoever it is to abuse the children and she is not protecting them...DCS should not just cast the abuse off "its a divorce dispute" ... I could go on but your brother could contact... battered wives/children, his congressman senators state and county representatives... the newspapers if necessary...though as a last resort and with legal counsel so as not to be sued for defamation of charactor or ... the wife wanting to have full PHYSICAL custody... dont settle for FULL physical and legal custody for HER never never never. sounds like to me your brother asap should get FULL PHYSICAL AND LEGAL CUSTODY AND THE MOTHER HAVING VISITATION ONLY WITH SUPERVISED VISITATION to protect the children from the abuse... I would love to know the whole story and be there to help better... my brothers wife has been wanting a divorce and ... well i cant say bad words on this platform...