Legal Question in Family Law in Ohio

Conflict of Interest in Child Custody Case

My ex-husband lives in Ohio. I live in Massachusetts. We have a daughter together. My daughter's legal residence is in MA with me. My ex brought me to court in Ohio. I had to hire an atty in Ohio. The day before the trial, my atty told me he used to mentor my ex's atty. Would this be considered a conflict of interest?


Asked on 5/29/09, 7:50 pm

3 Answers from Attorneys

Re: Conflict of Interest in Child Custody Case

No. Not necessarily. He is not his partner. I am not sure on what basis Ohio is asserting Jurisdiction. If the divorce was here and he moved to OHIO, then I do not think Ohio has jurisdiction.

If you moved here from Ohio, then may be it still has jurisdiction, but if you have lived here long enough you may be able to get jurisdiction here.

If you are concerned about your attorney's independence you should ask him about it.

Good Luck

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Answered on 5/29/09, 8:10 pm

Re: Conflict of Interest in Child Custody Case

No. Mentoring is a time honored and encouraged activity whereby an experienced attorney passes along his wisdom and experience in a particular area of law to another attorney; it benefits both parties as well as the court system as a whole.

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Answered on 5/29/09, 9:08 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Conflict of Interest in Child Custody Case

It was proper for your attorney to disclose the mentoring relationship, but this doesn't mean that he wont' do a good job for you. If you haven't done this already, you should ask him whether he feels his relationship with opposing counsel will get in the way of doing his best for you. This is a fair question.

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Answered on 5/31/09, 8:41 am


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