Can a mother hire an attorney for child custody without the fathers approval? 3 Answers as of July 14, 2011

My mother has 100% physical custody, mother has 50%joint custody. Can mother hire an attorney for minors without fathers approval?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The mother can hire an attorney to represent her (but not the children) without the father's approval. Only the Court can appoint an attorney torepresent the minor children, and that can be accomplished on either party's request (if the Court finds need for minor's counsel) or on the Court's own motion. If the mother has retained an attorney ostensibly to represent the children, the father can file a Motion to recuse that attorney, since the retention wasin violation of thefather's jointlegal custodial rights, creates a conflict of interest, and was without the approval or order of the Court.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Minor's counsel is not hired by either of the parents. You would need to request that the court appoint an attorney for the minor child.
Answer Applies to: California
Replied: 7/14/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
YES, either parent can retain a lawyer ask the court to award that parent primary physical custody. The other parent does not have to approve of her doing so.
Answer Applies to: California
Replied: 7/13/2011
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