I got divorced three years ago and my ex sued for custody. The kids were given an attorney who never checked my references.

Asked over 1 year ago - La Grange, IL

I lost custody and my home as well. Can I take this attorney to court for unethical procedures?

Additional information

the references should have been checked to show that I was a quite fit mother and many people could testify to that. And I had an attorney for the first few months and the retainer ran out so he doesn't really have any information that he could help me with. He really didn't help a lot anyway.

Attorney answers (5)

  1. Charles Shinkle Watson

    Contributor Level 15

    4

    Lawyers agree

    Answered . You have not given nearly enough information. I cannot tell when things happened. Nor do I understand what you mean by your references.

    I recommend you talk to the lawyer and try to gain a better understanding of what happened. If you are still dissatisfied speak to another attorney.

    A statute of limitation may be implicated here so do not wait.

    If you found this Answer to be helpful, please mark it as such. Remember, however, this is only generalized... more
  2. Judy A. Goldstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Based upon the facts provided, there is no issue of ethics. The attorney for the children/GAL is free to conduct his/her investigation anyway deemed appropriate. References need not be checked unless there is a question about them. The fact that you lost custody does not automatically mean there was unethical conduct. You should have asked your attorney 3 years ago to explain the reason for the results in your case. Perhaps your lawyer can tell you now.

  3. Luke D. Kazmar

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . This would be an extremely difficult suit--you would have to prove that were it not for your attorney's error, you would have won your custody case...and that is after you were first successful in proving he was negligent in the first place.

    The author provides the preceding information as a service to the public. Author's response, as stated above,... more
  4. Wes Cowell

    Contributor Level 19

    3

    Lawyers agree

    Answered . Three years ago?!?!!?

    Why should he have "checked your references?"

  5. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . GAL's have immunity from lawsuits. If you want to review your case go in person to a local attorney and pay for a review of your case and file. Perhaps something can be modified.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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