Court Denies Motion to Exclude Attorneys in Child Custody Case


California Appeals Court Denies Motion to Exclude Attorneys in Child Custody Case

Anyone who has been through a California divorce tends to understand that perhaps the nastiest and most antagonistic issue that can arise with relation to these situations involves child custody.  In fact, these battles can arise even if the two parents were not married.  As a result, there have been numerous cases decided by courts involving this issue, and the latest one relates to actor Mel Gibson and his former girlfriend as they continue to fight over the custody of their child.

Oksana Grigorieva, the actor’s ex-girlfriend, has been engaged in a long-standing battle over the custody of their child, and she recently appealed a trial court’s decision to not disqualify Gibson’s attorneys because she had consulted with a partner at that firm three years ago regarding a different custody battle.  The appeals court stood behind the decision of the trial court, stating that she had waited for too long to raise the issue regarding a potential conflict of interest.  Therefore, the case will go on with the attorneys for each party remaining in place.

Generally, if an attorney has consulted with someone on a legal matter that involves the sharing of personal and confidential information, that attorney cannot represent someone else against that original client because of his or her knowledge of potentially harmful information.  This is known as conflict of interest, and when this conflict is problematic a court can remove the attorney.  Two California courts have now stated that there was not such a conflict in this matter.

San Diego Divorce Lawyers

What this situation should tell anyone is that if they recognize a potential problem with regards to California family law cases that impact their legal rights, they should not hesitate to raise the issue in an effort to protect their positions.  Waiting for too long can harm the overall effort to build the strongest case possible.

If you find yourself mired in California family law issues, you need to act immediately by obtaining the help of San Diego divorce lawyers who have helped countless clients obtain a resolution and move on with their lives.  Contact the Men’s Legal Center today to schedule an initial consultation.

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