Question:
In a child custody case where the mother petitioned for a modification of custody, she brought the children into her divorce lawyer’s office during a consultation.
Is this not unethical for attorneys to advise a client about a case involving children in front of the children?
And what are the chances of someone successfully winning a child custody modification case?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Illinois child custody laws where I am licensed to practice.
While divorce lawyers do not typically do so, it is not necessarily unethical for the mother’s divorce attorney to have the children come to the office. Where I practice, there are not ethics rules prohibiting this.
The chances of the mother succeeding on her petition to modify child custody depend on the specific facts of the case, and the child custody laws in your state regarding the modification of custody judgments.
Cordell & Cordell Article:
Where I practice, the mother must meet a very high threshold when a motion to modify custody is brought within two years of the date of the last custody order.
In order to bring a motion to modify custody within the two-year period, the mother must provide affidavits showing that there is reason to believe that the children’s present environment may seriously endanger their physical, mental, moral or emotional health.
The mother will be able to meet this standard depends on the specific facts of your case, and it is difficult to advise you regarding the likelihood of success without reviewing the pleadings that have been filed and discussing the facts of your case with you.
If you have not already done so, you should contact an experienced domestic litigation attorney in your state to review the facts of your case and discuss a strategy to respond to the mother’s petition.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Belleville Divorce Lawyer Erin Brockhoff, please contact Cordell & Cordell.
