Custody, Lawyer, Sentor, Judge

Question: I was awarded custody of my minor child. I just recently learned that my daughter's mother has retained a another lawyer and has requested to have the case reheared, although there has been no change in circumstances.

My concern is that after researching her lawyer's bio, I found out that his father is currently a Senator here in South Carolina for the county she lives in and the county that we are scheduled to have the new case heard. Additionally, the senator continues to practice law at the same law firm that his son does. Lastly, I have also learned that one of the judges assigned to the district use to be partners with the Sentor.

Now that I have learned this, I am concerned that the focus will no longer be what's in the best interest of the child, but what connections her lawyer has.

What are my options, isn't there be some form of conflict of interest.

Answer: I am not licensed in South Carolina. You should also seek the advice of counsel in your state. You may be able to get a change of judge based on the conflict or because of the modification. Before doing so however speak with a local attorney. It may be in your best interest to stick with the Judge you have. Mainly because this Judge just heard all the evidence and awarded you custody.

Some courts may refuse to hear a custody modification if the order was just entered. Unless there some sort of emergence I doubt her petition will get far. However, in this type of case it is important to know your judge. Therefore speaking with an attorney with experience before this judge is important.

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