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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.
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?
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.
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.
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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