Should I seek cohabitant representation in Missouri? Posted on May 20, 2011
I have been advised as a Petitioner's cohabitant (Mother's boyfriend) filing a motion for Custody-Modification to: (A) Retain my own counsel (B) Enact my own counter-case against any form of attacks by the children's biological-Father (Respondent) I clearly understand/understood the conflict of interest with regards to the Petitioner's attorney beforehand however, have been advised separately on this issue due to some belligerent action taken by the Father during the initial Divorce proceeding (mostly petty games like SOS and unfounded accusations). All this described, since I am in the middle, I do have significant audio evidence which would support any claim/charge with regards to child abuse/endangerment as false (state has one party consent on recorded evidence) That said, I want to know:
(A) Do I need to retain my own counsel immediately? (B) I want to 'seal' all of my records from all parties except the Judge and any related legal professionals that must view the documentation (i.e. GAL or court appointed psychologist). A principle reason for this is to limit any forms of discovery outside of criminal/drug-related history (to which I have none and shall volunteer for drug testing if it could help at a later time), combined with the fact that the Father has a live-in resident who is an active criminal (already researched/proven). Can question (B) occur without opening a vast ‘motion to compel’? (C) If possible through my own counsel, can I legally order that certain accusations/charges be dropped if ‘smoking gun’ evidence is turned over by my attorney to the petitioner’s attorney, which validates a respondent’s claims as unfounded or contradictory to existing evidence? (Not sure of the legal term for this). Thank you.
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