Jacksonville, NC asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio

Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to go for custody stating that I will lose since I'm stationed out of OH, and in a deployable unit. A plan was made by both attorneys for my mom to get custody and to give it over to me. It was ruled for us to make an agreement on custody so my mom and my ex entered into what we thought was a temporary parenting plan. Shortly after my daughter was molested by my ex's bf. We went back into court for full custody. The judge ruled for my mom to have custody saying that I gave up my right with the agreed entry with a non-parent. We objected and appealed and it was over ruled. My mom does not want custody and never has and now she's stuck raising my child with my x and I get summers. We have new counsel now.

1 Lawyer Answer
Elizabeth Fowler Lunn
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  • Military Law Lawyer
  • Raleigh, NC

A: Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire court file and you should carefully read the agreement you signed to see if you gave away any of your rights with regard to your child.

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