Legal Question in Family Law in California

letter received from lawyer

My mom and step dad received a letter in the mail from an attorney's office regarding custody of my 10 year old sister. My step dad and mom got into an argument about one month ago where unfortunately my step dad had been drinking. The most damage he did was go around the house yelling while my 10 year old sister slept in the room. My biological dad had a letter drawn up from a lawyer's office stating that my sister was no longer to be left alone with my stepdad and if she was, he would file for full custody? (Just a little history, my older brother and I ended up in foster care under my biological father's care when we were younger because of abuse, so he is no ideal father.) The letter from the lawyer is in question because my biological father is known to be very dishonest. In the letter, one line references him as ''me'' instead of with his legal name. The authencity of letter is in question as we wait to hear back from the lawyer. My question is, is this letter legally binding? It has not come from a judge or any court, just a lawyer's office. Does that mean I can just go to any lawyer and ask them to draft up a letter requesting that any person stay away from my child without the other party having their side heard?


Asked on 10/09/08, 5:28 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: letter received from lawyer

First of all, I am more than a little concerned that all of this has been broadcast to you. My apologies if you are an adult child outside of the home; but if you are still a kid, then you should not have to dealing with any of this, as it certainly sounds like you have dealt with enough already.

Generally speaking, it is possible to retain an attorney to draft a letter, in an effort to avoid litigation especially.

Your mother needs to check with the state bar and confirm that the purported author of the letter is in fact an attorney. If so, she should contact the attorney and verify that he is the author of the letter. If she is satisfied, then she should consult with her own attorney to determine if she needs to take proactive action.

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Answered on 10/09/08, 5:39 pm


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