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CONFLICT OF INTEREST??


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#1 iscsunfair2me

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Posted 12 April 2011 - 05:52 AM

I fell i'm in a unfair situation.The woman who reprents the state of NC on my behalf..also has represented my ex husband in his case though the dept of social services,on a seperate issue. When I relized this I called up the Lawyer and questioned her. I simply told her who I was and asked had she represented my ex in the past instantly she became rude and definisve. At first addmitting she had represented him to recant and say she was not at liberty to discuss the situation with me. Ask me what my intentions were. I explained clamly to her that I belived it may be a conflit of intrest and again she became agitated. I lost my composure, I coward to her..unprepared for a confrontation. She defened her stature as a lawyer and boasted she knew the Law. She tried to belittle me,saying I didnt know what I was talking about and I needed to prove she was biased. I have been to court several times.my ex is in arrears over $16,000. and has yet to serve one day in jail..in 9 years. All i want is for my case to be heard in front of a judge. IS THIS A LEGAL CONFLICT OF INTREST? IF SO HOW DO I RESOLVE IT..ME VS CHILDSUPPORT ENFORCEMENT.


EX'S HISTORY POSSIBLE CONTRIBTUEING FACTORS


 A MURDER TOOK PLACE AT MY FORMER INLAWS HOME


MY CHILDS  FAMILY WAS BUSTED WITH METHLAB.


I ASKED THESE QUESTIONS CONCERNED FOR THE SAFETY OF MY CHILD WHILE IN NON CUSTODIAL PARENTS CARE.WAS INFORMED BY DEPT OF SOCIAL SERVICES ONE CASE DID NOT REFLECT THE OTHER. HOW SO,CONSIDERING THE CIRCUMSTANCES...??


HALF SIBLING TO MY CHILD TAKEN FROM EX HUSBAND,PLACED IN FOSTER CARE:WHEN I QUESTIONED SOCIAL WORKER IF I HAD TO SEND MY CHILD FOR VISITATION WAS TOLD IF COURT ORDERD..EVEN AFTER A PARENT IS PROVEN UNFIT?


OTHER FACTORS:EXS OTHER CHILD PLACED IN FOSTERCARE. ADOPTED BY LAWYER IN SAME TOWN. CAN A LAWYER ADOPT A CHILD FROM THE SAME SYSTEM THEY ARE EMPLOYED??


I HAVE BEEN REFUSED ANY DETAILS AS TO WHY SHE WAS TAKEN FROM (FAMILY HISTROY EXPLAINS WHY) HOME, PLACED IN FOSTER CARE: RESPONSE FROM SOCIAL SERVICES NOT MY CHILD NOT MY BUSSINESS. I UNDERSTAND THIS  IS A JUVENILE CASE. IF ABSENT PARENT IS PROVEN UNFIT SHOULD THE CUSTODIAL PARENT BE LEGALY INFORMED AS TO WHY?


WAS OR WAS NOT A LAW PASSED  TO KEEP SIBLINGS TOGETHER? GAURDIAN AD LITEM REFUSED TO TALK TO ABOUT THIS. ITS THE CHILDREN WHO SUFFER!



#2 Ted_from_Texas

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Posted 12 April 2011 - 06:49 AM

Hoo boy.  You cover a lot of points.  I'll try to take them more or less in order.


The fact that the attorney handling your case previously handled a previous, unrelated case for your ex is not by itself indicative of a conflict of interest.  Other facts must be present also.  The facts in your message don't by themselves support the conclusion that there is a conflict.


It's not necessarily "boastful" for an attorney at law to say he or she knows the law, any more than it would be "boastful" for a doctor or mechanic to say he or she knows about spleens or fuel pumps.


The fact that your ex is behind in child support doesn't necessarily mean he would (or should) go to jail.  Incarceration is usually reserved for special cases, and you don't give enough facts to determine whether that would be appropriate in your ex's case.  Bear in mind that if your ex is in jail, it will likely set him ever farther back with his support payments.  No doubt the judge is taking this into consideration.



"EX'S HISTORY POSSIBLE CONTRIBTUEING FACTORS"


Maybe so, but since you don't say what they are, nobody here can comment on that.



"A MURDER TOOK PLACE AT MY FORMER INLAWS HOME"


A gruesome fact, to be sure, but unless your ex or his family were directly involved it's not necessarily relevant to your case.  Again, nobody here can comment on absent facts.



"MY CHILDS  FAMILY WAS BUSTED WITH METHLAB."


Since you are also part of your child's family, it's hard to tell who you're talking about, here.  Criminal activity is certainly cause to consider limiting contact with your child, but you don't explicitly say that your ex was involved so I can't say you have grounds to limit his visitation.  If in fact that's what you're after, which again you don't say.


Generally, how your ex's other child(ren) were dealt with by Social Services is not a determining factor in how your own children should be dealt with.  The persons and circumstances involved could be, and very likely are, different.  It's true that the details of other cases are none of your business and your caseworker has not the authority to share them with you.  In fact, he or she is probably forbidden by law to do so.


There is no reason an attorney could not adopt a child in the area where he or she works.  Why do you think there would be?



"IF ABSENT PARENT IS PROVEN UNFIT SHOULD THE CUSTODIAL PARENT BE LEGALY INFORMED AS TO WHY?"


You'd think so, but so far you haven't indicated that the absent (by which I assume you mean the noncustodial) parent has been ruled unfit.  It's the court, and not you, that get to decide on the fitness of a parent, and if the court has awarded visitation rights to your ex, he has certainly not been deemed unfit.


Finally, there is no law in any state mandating that siblings placed in foster care must be kept together.  Placement is at the discretion of the court, based on the circumstances of each case, the specific needs of each child and the available placement facilities.


I hope this answers all your questions.






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