Posts Tagged ‘father’

Can a previous lawyer in custody case, 2 years ago now be the lawyer to child’s father?

Question by LilyAn8: Can a previous lawyer in custody case, 2 years ago now be the lawyer to child’s father?
Called lawyer for information and was told ” conflict of interest” im not sure what that implies..? Is it possible my lawyer is now working for him?
What does conflict of interest mean?

Best answer:

Answer by Nessie
no, that would be considered a conflict of interest. they just can’t do that.

What do you think? Answer below!

3 comments - What do you think?  Posted by - December 5, 2010 at 8:15 pm

Categories: Custody Lawyer   Tags: , , , , , ,

Child Support Question about absent biological father?

Question by Kim: Child Support Question about absent biological father?
My husband and I have custody of his ex wife’s eldest son and the son they had together. The father of the eldest child has never been in this kids life past the first year. I have recently tracked him down online and have found out he is now very successful, CEO of his own company which does computer graphics for major movies.
My husband is currently the sole supporter for our family, I have been ill for the past year, wanting to work, but still too sick at times to get out of bed. We are struggling to raise these two boys, so much so that we moved in with my mom just after we took custody. The biological mother pays us $ 100 a month total for both kids, she recently tried to recant on this (out of the three years we have had full custody she has just started to pay support 4 months ago).
What kind of case could the biological father possibly have against having to pay child support should I decide to file support papers.
I know we have don’t have much to spend on a lawyer, in your opinion, seeing as he has money, would he be able to “out lawyer” in court?
I have been in contact with him via email and he did not mention this.. I would assume no.
I live in Ontario, Canada, and to my knowledge there has never been a support order filed against him, also I don’t think he has signed away his parental rights, it has never been spoken of by the mother and I assume she would have to be present or at least sign on that sort of thing.
We have full legal custody awarded by the court and supported by Children’s Aid. My husband has never legally adopted this child, all court papers that have been filed have listed the bio dad as respondant.

Best answer:

Answer by Lisa
Did he sign away all rights to that son?

Give your answer to this question below!

4 comments - What do you think?  Posted by - November 15, 2010 at 8:15 pm

Categories: Child Support Lawyer   Tags: , , , , , ,

New York Appellate Court ruled that Family Court lacked a solid foundation for granting custody to the father

by Lubbock Democrats

New York Appellate Court ruled that Family Court lacked a solid foundation for granting custody to the father

This sets the path for women across the nation, never give up on your rights as a mother and fight.

The legal custody battle of a six year old little boy with special needs was returned to his mother Alyse Larkin after a grueling thirteen (13) day trial and a hotly contested appeal that spanned through most of 2008 and 2009. In this judicial custody case, Ms. Larkin was represented by Lisa Beth Older, a high profile custody lawyer who championed the rights of the mother.

In December of 2008, the Nassau Family Court (New York Family Court Decision, docket numbers V-09582-07 and V-9760/07) initially granted sole legal custody of the boy to the father, a New York police officer who lives with his parents in Westchester County.

On July 21, 2009 the Appellate Division of the Supreme Court, Second Department, in the case of Larkin v. White, Appeal Number 2009-00143, reversed the Family Court decision and granted sole legal custody to the Mother with visitation rights to the Father. The Appellate Court ruled that the Family Court decision lacked a sound and substantial basis for granting custody to the father. In making the original decision, the lower court Judge extensively quoted the recommendations of the forensic expert who recommended custody to the Father, while not giving due consideration to other compelling factors supporting an award of custody to the mother. She also relied upon the law guardian’s recommendation, while not considering other factors.

Ms. Older ponders that, “forensic experts and attorneys for children play a pivotal role in child custody cases” and points to “a vigorous academic debate raging in the legal and medical community” going to the reliability of expert opinions and law guardian recommendations and the weight afforded to them in the making of a child custody decision. It has been reported in Appellate Decisions and Law Review articles that Lower Courts sometimes rely too heavily upon the recommendations of the attorney for the child and the forensic expert and that doing so improperly delegates judicial responsibility to forensic experts. The question becomes, then, is this particular expert’s opinion reliable enough to determine the fate of children in child custody cases? This causes a tremendous problem for litigants who might strike the wrong cord with these professionals.

After all, Lisa Beth Older says, “professional experts are like anyone else, they come with their own set of skills, insight, biases and misapprehensions”.

While the Court has a duty to review and consider expert recommendations, it is well settled that the Court’s main focus is to weigh the totality of the circumstances of each individual case, determine the reliability of expert opinions, and arrive at a decision in the best interests of the child, after giving due consideration to all of the testimony, evidence and expert opinions. Older explained that “some Courts, burdened with heavy case loads, might feel they have to rely heavily upon expert psychological opinions” or upon law guardian recommendations, in the place of other more compelling evidence. There is ample case law that says, where warranted, they are not so obliged.

“In this case, the Court got it right, and the Justices were amazingly well prepared” says New York divorce attorney Lisa Beth Older. The decision of Larkin v. White is published on line at, and may also be seen at Lisa Beth Older, a high profile New York divorce attorney, has represented many celebrities.

She first gained prominence in her field while representing a thirteen year old child in the 1997 murder trial People verses Wendy Gardner. Her work was later heralded in the book “Kill Grandma for me”. As a New York divorce lawyer and appellate lawyer Lisa Beth Older has redefined herself with distinction in the field of divorce, custody and appellate law, representing parents in complex custody cases in the New York City area. “This custody litigation was very hard on both parents”, says Lisa Beth Older, Esq., adding “I was lucky to have had a great client.”

I founded Women’s Legal Resource in 2006 to help women who face the brutal challenges of the family law court system. After going through my own experience in the Family Law Court without the financial resources to obtain proper counsel, I was faced having to represent myself.

All though I faced many legal hurdles, I felt the need to help other women and advocate specifically for those who are Domestic Violence Victims.

Women’s Legal Resource is a nonpartisan organization that supports the efforts for Domestic Violence Reform and Family Law Reform. The present laws as they are written are flawed and do not meet the language of our ever growing savvy Hi-Tech protocol of the 21st Century, which places victims in danger.

Article from

A look at President Obama’s Supreme Court Nominee Elena Kagan. We talk to Walter Dellinger, a Washington appellate lawyer and former solicitor general under the Clinton administration and Sean Wilentz from Princeton University
Video Rating: 4 / 5

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Be the first to comment - What do you think?  Posted by - October 31, 2010 at 3:11 pm

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