Elk Grove, CA asked in Civil Litigation, Family Law and Child Custody for California

Q: Is there any case law that says a step-parent cannot represent their adult step-child in a child custody case?

Stepmother is an attorney. No blood relation to parties. Stepdaughter never married child´s father.

2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Studio City, CA
  • Licensed in California

A: A non-lawyer cannot represent anyone in court other than themselves. Otherwise you are violating the unauthorized practice of law laws.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California Rules of Professional Conduct Rule 3-310, attorneys are prohibited from representing a client if a significant risk exists that the representation of one client will be materially limited by the lawyer’s own financial, business, property, or personal interests.

While there is no specific case law that prohibits a step-parent from representing their adult step-child in a child custody case, there could potentially be a conflict of interest if the step-parent has a financial or personal interest in the outcome of the case.

Additionally, the court may take into consideration whether the step-parent has a close personal relationship with the child and whether there is any potential for bias or lack of objectivity in their representation.

It is recommended that the step-parent consult with a legal ethics expert or obtain an opinion from the State Bar of California before proceeding with representation in such a case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.