I’m representing my husband in a custody suit against his son’s mom. Every time we’re in court she loves to tell the judge that his lawyer is his wife as if I’m doing something illegal… she’s a pro defendant. There hasn’t been a conflict of interest, but now we are filing for contempt and it’s gotten very messy and I’m starting to feel like my being involved conflicts. Do you think a magistrate or judge would see my representation as a conflict or be potentially be biased against us.

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Okay so I was a staff attorney for a judge for several years and I can tell you that my judge HATED when a stepparent/paramour inserted themselves in the parenting relationship. Often that person created more conflict and they weren’t able to see it. Just because you can rep your husband doesn’t mean you should. Honestly, if I were you, I’d find an attorney I trusted to handle the matter and stay out of it.

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Agreed. Judge’s hate when new significant others or spouses are even in the courtroom with one of the parties during a hearing. Get an new attorney for your husband.

In addition to HEAVILY agreeing with everyone's advice about getting a totally unrelated attorney, if anything were to happen at all between your husband and his ex, that you saw, outside of the courtroom relating to the issues, you become a potential witness. Having to withdraw later because you're now a witness and can't be both would be prejudicial to your husband's case, long-term (having to get a new lawyer up to speed later in the situation).

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Also think about the resentment your husband may have if things don’t go his way while you are representing him.

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I would check your State's rules of professional conduct.

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