Child custody

[Tnab]

What is the name of your state (only U.S. law)? Kansas

 

[quincy]

What is the name of your state (only U.S. law)? Kansas

Your child custody question has to do with legal ethics or lawyer malpractice in what way?

 

[Tnab]

Hello everyone, I'm at my wits end and really hoping to get some advice from someone?!
I have been in an almost Year long custody case with my child's mother. I have been behind the 8ball since the very beginning!! It all started with a GAL whom I believe should've withdrew immediately due to a conflict of interest because he had actually been the GAL in a previous case with my ex while she was living with me and our child? She already had a child before our child was born and her ex had a custody battle requiring the same GAL we had in our case? Initially this GAL wrote a recommendation in her favor but over the past few months I could see his opinion somewhat swaying towards my side? Although he helped her get 50/50 custody recommendation? Something very strange happened at our court date in June?! We were literally about to all agree on a recommended custody agreement prepared by this GAL and without notice!! As court began this GAL requested he be withdrawn from the case due to conflict of interest, and the judge allowed it, as my attorney was arguing she had no clue this was happening, the judge then said that with the information he was just advised of by this GAL prior to court beginning? That he himself, the judge, was now going to recuse himself from the case as well??? The judge then kicked myself and my ex out of the court saying he wanted to talk to both attorneys on the record?! So my attorney comes out looking stunned!!! She said she has never saw such a thing where the GAL withdrew like that, as well as, the judge recuse himself?! After we were kicked out my attorney said the judge said he was not mad at my attorney or the GAL but instead irate at my ex's attorney? My lawyer has been led to believe, from the GAL who withdrew, that he was accused of being biased by my ex's lawyer towards his client and that the judge recused himself because he was so angry that his GAL was being accused of bias that he could no longer make a fair and unbiased ruling in our case?? This does not sound right to me and if this was not confusing to anyone reading this? I was wondering if anyone could comment on ever hearing of such a thing happening or how to find out what was really said to make the judge recuse himself from our case other than the accusation of bias towards the GAL he appointed? I do recall the judge saying before he kicked us out to talk to our attorneys? He was so angry that he said he was going to have to find a new judge to take the case over and that when he relayed the information he just learned? That he did not believe the new judge would accept the case either?? Please help!!! I feel something very fishy is going on and I don't know what to do?! I hope this makes sense and any and all input would be appreciated!! Thank you

 

[quincy]

Hello everyone, I'm at my wits end and really hoping to get some advice from someone?!
I have been in an almost Year long custody case with my child's mother. I have been behind the 8ball since the very beginning!! It all started with a GAL whom I believe should've withdrew immediately due to a conflict of interest because he had actually been the GAL in a previous case with my ex while she was living with me and our child? She already had a child before our child was born and her ex had a custody battle requiring the same GAL we had in our case? Initially this GAL wrote a recommendation in her favor but over the past few months I could see his opinion somewhat swaying towards my side? Although he helped her get 50/50 custody recommendation? Something very strange happened at our court date in June?! We were literally about to all agree on a recommended custody agreement prepared by this GAL and without notice!! As court began this GAL requested he be withdrawn from the case due to conflict of interest, and the judge allowed it, as my attorney was arguing she had no clue this was happening, the judge then said that with the information he was just advised of by this GAL prior to court beginning? That he himself, the judge, was now going to recuse himself from the case as well??? The judge then kicked myself and my ex out of the court saying he wanted to talk to both attorneys on the record?! So my attorney comes out looking stunned!!! She said she has never saw such a thing where the GAL withdrew like that, as well as, the judge recuse himself?! After we were kicked out my attorney said the judge said he was not mad at my attorney or the GAL but instead irate at my ex's attorney? My lawyer has been led to believe, from the GAL who withdrew, that he was accused of being biased by my ex's lawyer towards his client and that the judge recused himself because he was so angry that his GAL was being accused of bias that he could no longer make a fair and unbiased ruling in our case?? This does not sound right to me and if this was not confusing to anyone reading this? I was wondering if anyone could comment on ever hearing of such a thing happening or how to find out what was really said to make the judge recuse himself from our case other than the accusation of bias towards the GAL he appointed? I do recall the judge saying before he kicked us out to talk to our attorneys? He was so angry that he said he was going to have to find a new judge to take the case over and that when he relayed the information he just learned? That he did not believe the new judge would accept the case either?? Please help!!! I feel something very fishy is going on and I don't know what to do?! I hope this makes sense and any and all input would be appreciated!! Thank you

You have an attorney. He is your best source of information.

That said, if there was a conflict of interest and the GAL was seen as biased and the judge felt he could no longer hear the case, the recusals are appropriate.

A link to the Kansas Rules of Professional Conduct:
http://www.kscourts.org/rules/Rule-List.asp?r1=Rules+Relating+to+Discipline+of+Attorneys

Again, talk to your attorney. He knows what happened and can explain the why behind it.