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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32354
Experience:  Began practicing Family Law in 1992
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I am in new york state can you answer questions regarding

Customer Question

i am in new york state can you answer questions regarding this state?
JA: Family law varies by state. What state are you in?
Customer: new york
JA: Have you talked to a laywer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: i'm questioning if my ex wife's cousin can represent her as her lawyer given he has spent time with my child and has asked me to work on this boat
Submitted: 2 months ago.
Category: Family Law
Expert:  JD 1992 replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 2 months ago.
i'm questioning if my ex wife's cousin can represent her as her lawyer given he has spent time with my child and has asked me to work on this boat
Expert:  JD 1992 replied 2 months ago.

THe only way that he would be prevented from representing her is if 1) (possibly) he had represented you in the past or 2) he was going to be a witness in the case and it is about a matter that there aren't other people who know and can testify to the same thing. The facts you give above don't create a conflict of interest situation.

However, you can file a Motion to Recuse him if you choose to do so. If the judge doesn't recuse him then he may order you t pay the attorney's fees for the hearing, so that's something to think about.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 2 months ago.
since it is a family court case, may i have my wife speak for me. she is not a lawyer as i cannot afford one but she is quicker on her feet in responding. i have brain disease that makes my thinking slow
Expert:  JD 1992 replied 2 months ago.

No, unfortunately the law prevents anyone from speaking for a person unless they are an attorney. It is actually a criminal offense. In the next paragraph I am going t explain a strategy that may change the law though.

However, what you may want to do is apply for a court appointed attorney based on your lack of funds and your disability and then if that is turned down ask if your wife can speak for you as an "accommodation" under the ADA. I've never seen a judge allow it but I have never seen anyone try the ADA argument before so there is at least a potential for it working.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 2 months ago.
thank you
Expert:  JD 1992 replied 2 months ago.

You're very welcome. If you remember, come back and let me know if this works.

Once you issue your Positive Rating the question locks open and will no longer time out so you can return to it any time in the future if you have a follow up.