Family Law Questions? Ask a Family Lawyer Online.
I am currently involved in obtaining custody of my daughter. She will be four in a couple of weeks. I have contacted an attorney to help me but he was unsure at first if he could because my daughter's mother's mother had worked with him in the past (conflict of interest). I gave him her cellphone and they talked. After she explained the situation (child's mother has been using heroin, is bipolar and is not taking medication, is suicidal) to him he decided that he would be able to help me, with her blessing. I filed for emergency custody on Friday. Now I had agreed to allow my daughter to spend the night over at her grandmother's house tonight and Sunday but today I began to feel awkward about allowing her to do that. I explained to the grandmother and she took it very personally. She then began to tell me that I cannot do anything by myself because she has worked with the whole Domestic Relations department. She then began to tell me that I do not technically have custody. i am unable to contact my attorney at the moment because his office is closed. If I allow my daughter to go over there without my supervision am I forfeiting anything? Response 1: No, you are not. The grandmother has no legal right to interfere with your custody of your daughter. She can make all the noise that you want. However, if you are a fit parent, the Court would grant your request for custody. Will this have any other legal implications? Response 2: No. I have contacted an attorney but I am afraid that if my dayghter's grandmother wishes to interfere she may be able to force my attorney to stop working with me. She has worked with many family law attorneys in the area because she is involved with adoption. I have called and left a message for my attorney but their offices are closed until Monday. Response 3: No she cannot. Once she has consented to the Attorney working with you, she cannot turn around and say is not okay. Your Attorney has ethical and professional obligation to continue to work with you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).