Grandparents threatening to sue

[armouredone]

Daddy never finished paying the bill to that attorney. Does that matter at all when it comes to the ethical nature of this situation?

 

[Antigone*]

Daddy never finished paying the bill to that attorney. Does that matter at all when it comes to the ethical nature of this situation?

I corrected your post. I suggest you do the same, if you don't want problems with the forum gods.

Oh, and the answer to that question is no.

 

[TinkerBelleLuvr]

He has already represented dad. The attorney cannot ethically now represent the grandparents. Because in reality, he would have to sue his own client if it went to court.

 

[armouredone]

I corrected your post. I suggest you do the same, if you don't want problems with the forum gods.

Oh, and the answer to that question is no.

Done, out of respect, not because I feel that this is anything but what I originally said hehee. And thank you.

 

[liandrajade]

trick is OP, that ive learned in my legal issues with my OWN mother that sued me, kill em with kindness....dont get upset, flustered etc...

you study, do your research and keep a level head, and DONT believe every single thing a lawyer says as the final say. question everything and research if you have questions. make sure you get a lawyer who will work for you and roll over and play dead.

in these type of cases, im my own experience and from others on this board, opposing counsel wil make you out to be sooooo horrible and god knows what else in court, they DO NOT play nicely, fairly etc, they wil not spare your feelings or care about how ridiculous their client is sounding and being, all they care about is that their client is paying them...{fyi not all lawyers are bad guys, just have to get that out there, im planning on starting law school this fall}

 

[BL]

In actuality the GP's are not the attorney's client as of now .

The attorney is not on record as representing the GP's.

The attorney just wrote up a threatening letter ,trying to intimidate into an agreement .

I would not even reply.

 

[TinkerBelleLuvr]

I still would report the slime bag to the bar.

 

[armouredone]

In actuality the GP's are not the attorney's client as of now .

The attorney is not on record as representing the GP's.

The attorney just wrote up a threatening letter ,trying to intimidate into an agreement .

I would not even reply.

This guy is always on retainer for the grandparents. They use him for their business and are using them right now to settle gpa's father's estate. Does it still not matter because he hasn't yet represented them in this situation?

 

[TinkerBelleLuvr]

He can't represent them if they choose to go to court. He represented the son for custody. He would then have to sue his own client if they file a motion.

You can choose to ignore the letter as if none was received. Make the standard offers of visiting at their other child's home when she is there. I would send it snail mail AND certified.

 

[liandrajade]

FYI, here is the EXACT Michigan Statutes regarding visitation for grandparents:

Michigan Legislature - Section 722.27b

Chapter 722, act 91 of 1970, section 722.27b.

 

[liandrajade]

If they take me to court I will hire an attorney to ensure things are done correctly. But, if they sue me and her dad and I both submit an affadavit that we do not want the visitation schedule in place, can that be easily done without a lawyer?

filing an affidavit, it is easy enough, you find out how the form should look, what information it should entail, Docket numbers, names etc, you type it up to the standards as listed in the civil practice rules for your state and go from there.

now whether or not this affidavit HAS to be filed and served on the opposing party with an order to show cause or a motion to dismiss or whether you can present it during your appearance is a different story, that requires researching your states rule of civil procedure, if you arent up to all that, then definitely consult with an attorney.

 

[Lolie]

Legal issues aside, kudos to you for trying to ensure that your daughter has a relationship with the healthy members of her extended family.

 

[armouredone]

Is there any way I can find out about other GPV cases in my area and how they were decided? When I google grandparenting in Michigan I just get a ton of sites that promote grandparents suing, so it makes it look like they always win.

 

[LdiJ]

Is there any way I can find out about other GPV cases in my area and how they were decided? When I google grandparenting in Michigan I just get a ton of sites that promote grandparents suing, so it makes it look like they always win.

Here is a place to start:

Michigan Court of Appeals - Court Opinions

 

[TinkerBelleLuvr]

in the following case, BOTH parents signed affidavits and the grandparents were denied visits. The GPs then appealed the decision, and they still lost. This would be a great one to study.

http://coa.courts.mi.gov/DOCUMENTS/OPINIONS/FINAL/COA/20071016_C269725_78_168O.269725.OPN.COA.PDF