Lawmoe....Third party question

[janM]

I posted this to Soc but I know he's on vacation...

My son was given custody of his boy by his ex-girlfriend nearly 3 years ago. The boy has been living with me and my husband (son's dad) for about 6 months. I consulted an attorney about options re: guardianship, custody, etc. He said the best option would be to have the parents both agree to changing custody to me and that he could draw up an agreement (not sure if it's gonna happen, but...).

I presently have Power of Attorney through the new Ohio law which is signed by both parents and filed with our juvenile court.

1. If this were the case, would this attorney be representing the parents, or me?

2. And if it's the former, this would mean I could not use him in the future for custody matters, correct?

3. Would this mean I should use a different attorney to write the agreement?

I would use this guy if given the choice, I'm told he is a bulldog and is so professional he doesn't communicate by phone or email (it's not secure or private enough).

Thanks in advance.

[Lawmoe]

1. If this were the case, would this attorney be representing the parents, or me?

To change custody to you even by agreement of the parents, the lawyer would be representing and advising you. Your interests are potentially adverse to both parents, as a result, dual representation is impossible.

2. And if it's the former, this would mean I could not use him in the future for custody matters, correct?

He represents you. No worries.  

3. Would this mean I should use a different attorney to write the agreement?

No. Use the lawyer you contacted.

[janM]

...check out Soc's reply and comment on it?
Thanks.

[Lawmoe]

They were accurate.  The key to the issue is in what capacity you are retaining counsel.  that would have to be clear.

If you were retaining counsel on your behalf to seek cuustody, the attorney coud represent you,, but not your child.  You would also likely be required to cancel/repudiate the POA.

If you were retaining ocunsel as POA for your child, the lawyer represents your child and a conflict of interest would be apoparent, maing it difficult for the lawyer to draw up the documents.

[janM]

So, if we were to draw up an agreement changing custody to me, could it atate that from this point forward the POA would be cancelled?

Part of the text of the POA is that it can be cancelled by a court order.

[Lawmoe]

So long as the lawyer that drafts the document makes clear to al parties who he is representing and for what.