CAN A LAWYER GET IN TROUBLE FOR NOT TELLING THE TRUTH IN A CHILD CUSTODY ORDER?

I am curious. Right now, my ex husbands has control of the children. According to the judge’s written order, my ex father was to have taken the young kids to live with him. Instead the young kids live with his mom (their grand mother) in an additional state. So, can his counsel states which he has earthy control of the young kids in the kid control order? If so, can his counsel get in difficulty for presenting the decider wrong or false information?

In alternative words, what’s the effect when the counsel incorporates wrong or false report in the kid control order?

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8 Comments

  1. Lucy
    Posted August 21, 2010 at 12:41 am | Permalink

    He can be reprimanded by the bar association and more importantly the fib swings in your favor. If you don’t speak up though, nobody will do it for you.

  2. maroh5
    Posted August 21, 2010 at 12:56 am | Permalink

    Yes, as long as you can prove that the children are not living with your ex right now and if the lawyer knew it, he gave false information and could get into trouble for contempt of court

  3. Jordan M
    Posted August 21, 2010 at 1:12 am | Permalink

    Could it be that they are merely spending the summer vacation with their grandmother? There is nothing wrong with that if your husband has custody.

    Unless you can prove residence has been established for the children there….for instance, they are enrolled in school, you do not have a leg to stand on and the attorney has not lied.

  4. hu_yana
    Posted August 21, 2010 at 1:53 am | Permalink

    yes he can, its a breach of his ethics. if you can prove that a) the kids are not where they are court ordered to be and b) that the lawer knowingly told a lie.

  5. Jess
    Posted August 21, 2010 at 2:32 am | Permalink

    Not so much as “get” in trouble, if that was the case I would be right back in court for the same reason. I would look at the laws in your state and find out on what grounds you can go back for another modification of custody. I know in Georgia there has to be substantial change in circumstances since the last hearing before you can go back! Hope this helps!

  6. lilly l
    Posted August 21, 2010 at 3:13 am | Permalink

    I am so glad to hear that Grandma get to be with thier babies! Thats so important!

  7. Sylvia V
    Posted August 21, 2010 at 4:03 am | Permalink

    Why would you go after the lawyer? Don’t waste your time with him, the question is, why are you upset with him? Are you projecting your anger towards your ex onto his lawyer?
    Be honest with yourself. Why did you lose custody of the children? Did you blow it or did he have a sharp attorney?
    Are the children happy? It’s not about you or your ex, it’s about the kids. So think long and hard about starting up trouble, after all, the kids will pay in the end.

  8. J S
    Posted August 21, 2010 at 4:14 am | Permalink

    A lawyer is held to the exact same standards as everyone else-however, take it from someone that knows-they are rarley “punished” in any sort of way- the worst I’ve seen is the person getting called out on it- the judge knew and did nothing about it- then the lawyer just lied and said that’s what my x told him so that he wouldn’t be 100% accountable.