Q: Is it not a conflict of interest to represent one parent in a dependency case and also represent the grandparent
A: The grandparents are not a party to the dependency case. The parents, DCFS, Guardian ad litem, and the child are the parties to the case. It is not automatically a conflict of interest for a lawyer to work with the grandparents and the parent. However, if their issues are opposed then it would be a conflict. For example if the grandparents were working with the department to get the mother's parental rights terminated so that the grandparents could adopt, and if the mother was not in agreement with his, then that would be a conflict of interest. Even if there was a conflict of interest, that could be waived if all parties agreed and waived in writing.
There is a potential for conflict of interest which should be explored with the attorney.
I wish you all the best.
David A. Carroll, Pensacola Dependency Lawyer
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