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My wife left me. She moved back to after living here 2 months. My child is disabled and I am the one who usually takes care of his needs. Her attorney that she is going to get has helped me and her with other cases, wouldn't that be conflict of interest. Also, she has mental problems which I could prove.
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The state where the child lives has jurisdiction. That's where you have to file. Yes, this attorney has a conflict of interest and should not represent either one of you. If the mother has mental health issues you need to provide this information to the court.
Answered on Feb 04th, 2015 at 1:18 PM
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The home state of the child is where the child has lived for the past 6 months. Sounds like you could file in the state where your child lives or, potentially, on an emergency basis in Nebraska. There is only a conflict of interest if the attorney learned something about you through those other cases that gives an advantage in the divorce. However, you can contact that attorney and say your wife told you she was going to hire them and since they used to represent you, you do NOT waive the potential conflict of interest. Due to ethical rules for attorneys, the attorney will not likely go forward with representing your wife (if the attorney is ethical). You need to visit with an experienced local custody attorney to determine your best options, either where you live or in the city/state she moved back to. Best wishes!
Answered on Feb 04th, 2015 at 1:16 PM