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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My ex filed complaint for contempt re child support. I have

Resolved Question:

My ex filed complaint for contempt re child support. I have filed a complaint for modification. Before I go before the judge, my ex's lawyer has me meet with him & the clerk to work out a deal. Can I have my current wife (to correspond with) in room if she DOES NOT have power of attorney? Can I have my current wife (to correspond with) in room if she DOES have power of attorney?
Submitted: 5 years ago.
Category: Family Law
Expert:  Jack R. replied 5 years ago.

It is up to the judge who may ask your ex if she has an objection, typically only the parties, their attorneys , and witnesses if necessary are allowed to appear as part of the family court proceeding. If your current wife is an attorney she can assist you. A Power of Attorney has no bearing on legal representation in a court of law. Only a lawyer may be present to provide you legal advice. Whether or not your current wife has a POA will not have a bearing on the judges decision.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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Customer: replied 5 years ago.

BEFORE I go infront of the judge, i go in a separate room from the court wirh 1) my ex's lawyer & the clerk to work out a deal. Can I have my current wife (to correspond with) in the room if she DOES NOT have power of attorney? Can I have my current wife (to correspond with) in room if she DOES have power of attorney?

Expert:  Jack R. replied 5 years ago.

You can ask, but the negotiations are for the parties, and their attorneys. A POA is not sufficient to give your wife status to participate. The POA is meaningless in this situation.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

Jack R. and 5 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
So even if my wife has POA on this Complaint and is talking to the lawyer ahead of time, she can not go into the negotiations. Do I understand that correctly?
Expert:  Jack R. replied 5 years ago.

A power of attorney is useless in this situation. The family court will speak to the parties and their attorneys. Talking to a lawyer is at the discretion of the lawyer and is done to facilitate coming to an arrangement. In a formal mediation the mediator can allow an a support person to attend. Your meeting with the Clerk may be a mediation type session. External participants in a mediation is not a right but rather something a mediator, or local procedures can allow. In a hearing before the judge, the judge will typically only allow the parents and their attorneys. It never hurts to ask. When and if you have a hearing ask the bailiff, or judge's assistant/staff attorney whether your wife can attend.

 

 

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Customer: replied 5 years ago.
When you say "this situation" do you mean the complaint or do you mean the day of court?
Expert:  Jack R. replied 5 years ago.

Both. The power of attorney allows someone to act in your place. If you are present that person is not needed as a POA.. In addition, only an attorney can represent an individual before the court. The POA is meaningless to a judge with respect to a proceeding on support. Only an attorney can provide legal advice and counsel in a court proceeding..

 

 

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