Friday, August 5, 2011

CAN A MOTHER HIRE AN ATTORNEY FOR THE CHILDREN WITHOUT THE FATHER’S APPROVAL?

QUESTION: My mother has 100% physical custody and joint legal custody. Can my mother hire an attorney for minors without my father’s approval?

MY RESPONSE:

The mother can hire an attorney to represent her (but not the children) without the father's approval.

Only the Court can appoint an attorney to represent the minor children, and that can be accomplished on either party's request (if the Court finds need for minor's counsel) or on the Court's own motion.

If the mother has retained an attorney ostensibly to represent the children, the father can file a Motion to recuse that attorney, since the retention was in violation of the father's joint legal custodial rights, creates a conflict of interest, and was done without the approval or order of the Court.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

No comments: