• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Conflict of Interest?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

smcgarry

Member
What is the name of your state? The name of my State is Texas.

My daughter and her boyfriend had a child and were living together, but not married. We went to court last year and I, as the Grandma now have temporary custody of the child. Daughter and boyfriend hired an attorney together, but have since broken up and aren't living together any more.
Can attorney still represent both of them or does one of them have to get a different attorney?
 


n_and

Member
One of them needs a different attorney. If they're not together, they'll need a custody agreement anyway, regardless of what seems to be they don't want the kid with you.
 

rmet4nzkx

Senior Member
Just because they have broken up and are not living together doesn't mean they have to have separate attorneys if they cooperate and have the same interest, they can even use the same attorney or mediator to make a custody agreement. Remember your custody is tempoary and it is the best interest of the child that is at issue, not other conflicts.
 

n_and

Member
No, they cannot use the same attorney for a custody agreement. Custody agreements need to be ordered and signed by a judge. Using the same attorney would be called conflict of intrest, and the attorney him/herself would suggest one or the other find a different attorney. Obviously they would use the same mediator.

Sure they can both keep the same attorney to remove custody from Gramma, but what's the point if they are no longer together? The child won't be living with the both of them.
 

smcgarry

Member
Okay...and by the way, my daughter and I have agreed that it is in the best interest of the child to stay with me for at least the next 2 years until my daughter can get on her feet. (I offered my home and to help her with her education, even, but she does not want to confuse her child.)
I understand that there will have to be a custody agreement between the 2 of them eventually, but he will probably end up signing away parental rights anyway.
I guess what I was really wondering is could they both continue to use this attorney in the case that is going on with them and myself right now, or would it be a conflict of interest?
Thank you.
 

n_and

Member
Okay........so, what is case here? You have custody, Mom & Dad don't want you to have custody...or what? Your post is a bit confusing.

As far as the kid being in your custody for 2 years while Mom gets on her feet....I'll keep my thoughts & opinions to myself.
 

smcgarry

Member
Sorry. I have custody because parents are young and irresponsible. Bio father failed drug test in court and has not exercised visitation or child support according to court order. I want to take him to court for contempt. He has stated that he will never pay child support and would rather go to another country and have his head chopped off. =/
He has also recently started dealing drugs.
 

rmet4nzkx

Senior Member
Is there a court ordered child support agreement on file? If so, then you can file contempt if he is not paying child support. If not then parernity must be established and Child support set by the court. There are a lot of missing pieces to this story. Since you have guardianship, do you also have legal custody of the child? If so, then both parents have responsibility for child support, it is fuzzy exactly what your situation is.
 

smcgarry

Member
Okay. Let me try and explain the best I can without taking up too much time and space.
I obtained legal conservatorship last year because the baby was being abused and neglected.
The bio parents were not living together at the time, (they had broken up)but the bio father did acknowledge paternity and the child has his last name. (They were never married).
The bio parents got back together when I we went to court and lived together until about 2 weeks ago...I still had and have legal temporary conservatorship of the baby.
They both have never paid child support or followed any of the court order and the bio father has missed visitation after visitation and has now stated he only wants to come to see child every other Sunday for 2 hours because he is going to be getting a job that will require him to work alot. (He hasn't gotten the job yet).
He drinks alot and smokes pot...his drug test came back positive when we originally went to court last year...and I recently found out he is dealing drugs to make cash money on the side to support his habits.
The bio mom, however, since being away from him is starting to get her act together and wants to get on her feet, go to school and get a career so she can have her child back. She says she knows it won't happen immediately, but is going to try in every way she can to prove herself fit, including counceling for anger management and paying SOMETHING in child support every month.
When these bios were together and we went to court, they didn't have an attny, and the judge told them to get one and posponed the original hearing until they did. We went back and the judge awarded me temporary conservatorship and told them the things they needed to do to get their child back.
They never did any of those things and the bio dad has said he will NEVER pay me child support even if they sent him to a foreign country and chopped his head off.
He will not give me or the court a forwarding address, phone number or way to reach him, so I can't let the OAG know where he is.
Right now...both the bio parents still have this attny retained, and of course owe her a great deal of money.
I am a pro-se representative because I can't afford an attorney, so am having to figure out all this legal stuff on my own...with some help from friends like you! =)
I would like to take the bio dad back to court for contempt and let the OAG do their thing when he is there, but don't want to harm the bio mom since she is clearly trying to do what is right for her child and I really want them reunified.
Does it make more sense now? I hope I didn't leave anything out and maybe someone can help me. I'm really stuck at this point and don't know how to proceed and the law books I've purchased don't address these issues, ie: the same attorney and the contempt of court for dad, but not mom.
Please help??????
Thank you.
 

rmet4nzkx

Senior Member
Go down to the family courts and check into law clinics, go to those and ask your questions there or legal aid, also get the forms to file for contempt, file them with the court. Follow up with formal C/S & visitation arrangements. Now if the bio father can get a job and only visit a few hours once in a while, it is a start, supervised at first, but getting him to work will help. Being firm will help with both as long as it is the best welfare of the child.

Your daughter was with him off and on, so she gets something out of this relationship and 2 weeks isn't long. It would seem the best thing to get herself back on her feet is to get a job so she has some responsibility and earns some money to fulfil her obligations, otherwise if she goes to school and not work it will drag out forever. Once she is stable and making money if she wants to go to school she can start part time. Baby steps. This is in addition to anger management and possibly parenting classes. These are some suggestions, not your original question but closer to what you are looking for, it doesn't matter what attorney they use or if they use different ones, they still have to follow the court's orders.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top