Legal Question in Family Law in California
Ex-wifes husband is her attorney in child custody case.
I have primary, but shared custody of our 11 year old son. He lives with me, and my ex-wife has visitation. My ex-wife recently married an attorney after living together for eight months. He just sent me a letter on his law firms letterhead stating that my ex-wife was his client. His letter requests that I concede to changes in visitation, and makes untrue and unsubstantiated claims that is clearly posturing for and hinting at their desire to change the custody situation. He knows I cannot afford an attorney, and I feel his letter is an attempt to intimidate or ''bully'' me into giving my ex-wife what she wants.
Here is the question: Isn't it unethical for for my ex-wifes husband to represent her in child custody issues? After all, this man has a relationship with my son. What can I do about this? Do I respond to the issues in his letter?...or do I respond to his letter by questioning the ethics and fairness in his decision to represent his wife?
3 Answers from Attorneys
Reply: Ex-wifes husband is her attorney in child custody case.
While it may not be the best thing to do, I do not think it is "unethical" for an attorney to represent his or her spouse. You can always check with the State Bar of California.
I suggest that you find an experienced family law lawyer to consult with.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Ex-wifes husband is her attorney in child custody case.
It is not unethical. An attorney is allowed to have a sexual relationship with a client who is his wife.
Re: Ex-wifes husband is her attorney in child custody case.
I agree with the other attorneys that it is not unethical. I would suggest that you respond to the letter from her husband, make it cordial as it could very well end up in court as evidence. The next move is theirs. Unless there is a substantial change of circumstances, there will probably not be a change of custody. You are certainly better off with an attorney, but a "good" attorney is not essential. The family court facilitator can help you prepare responsive pleadings if they file a motion. Good Luck, Pat McCrary
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