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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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An attorney locally prepared child custody papers for my son

Resolved Question:

An attorney locally prepared child custody papers for my son and his ex wife a few months ago and although my son asked for 50-50 custody and "co-domiciliary" parent, he advised them that one of them had to be named domiciliary. We have since found out that that is not the case, that you can ask that neither of them be named. Can we make this attorney legally responsible for giving bad advice and for the cost of having these papers redone?
Submitted: 6 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 6 years ago.

Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.


Yes you are correct there was no mandatory need to have one parent listed as domicilary so long as the parents can agree on all terms concerning the child. However, it may be hard to "make the attorney legally responsible" unless your son or his ex-wife suffered a real harm from the advise. The solution is to create a modification of the current custody agreement removing the title of a domiliary parent. If there was a harm suffered due to the incorrect advise then you must be able to convince a court that it was an definative statement by the attorney and not just a strong suggestion. There are benefits to having a designated parent as domiciliary and because of those benefits that is why you would have to convince a court that it was more than just a suggestion.

Customer: replied 6 years ago.
So, what would be involved in getting it modified?
Expert:  Daniel Solutions replied 6 years ago.

The two parents can create a new agreement in writting signed by both parties referencing the change to the prior agreement. I realize given the bad experience you had with the prior attorney that you may wish to do it yourself but you really should have an attorney prepare the document for you.

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