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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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I am involved in a child custody case with my ex husband with

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I am involved in a child custody case with my ex husband with regard to our 6 year old son. My exhusbands lawyer recently accidently sent me some emails between them and my ex husband that prove all my allegations that he is making up lies to keep me from my son. He also states in the last line of the email to them that he will do everything he can to restrict my contact with our son. We have joint custody with him having physical custody (During the divorce proceedings I was offered a great job one state over, and he would not allow our son to go with me) I filed a motion 4 months ago to enforce the terms of the visitation, and modiffy the parenting plan, as he has been very unfair and manipulative about phone calls, visits, etc. Everything he wrote in the email they accidently sent me completely proves what he has been doing. My lawyer says that we should just not use the letter, because it would get my ex husbands attorney in trouble.
What should I do???
Cheryl
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Well, it is true that the email would get the other attorney in trouble, but that's not really your concern. He could be sanctioned by the court or disciplined by the bar for disclosing confidential client communications to an adverse party. Your concern is doing what is best for your child, which means ensuring that he spends time with the person who is the better parent. If you have evidence that the attorney is colluding with the client to commit some sort of fraud on the court (such as knowingly submitting false statements), you can use that.

Your lawyer works for you. If you tell him to use the letter, he should do it, even if he disagrees that it is appropriate to do so. If he absolutely refuses, you may want to talk to another local attorney. He really should be more concerned with acting in your best interests (which is what you're paying him to do), than with helping the other attorney cover up a pretty big mistake.

Good luck.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19706
Experience: Attorney with experience in family law.
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