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2 Bumps

My boyfriend wants me to speak in court on his behalf because I know how to word things better. What do we need to do in order for this to happen?

My boyfriend is fighting for visitation rights to his daughter. He has no chance of getting denied but it will be a battle because he waited so long to fight once his ex wife starting denying him his visitation to his daughter. It's been a year and a half. Anyway, he has trouble saying what he means and wants me to speak in court, with him there, as if I was his attorney but I'm not. Will a power of attorney cover this or is that just for financial things?

 
huntin_mama

Asked by huntin_mama at 12:16 AM on May. 13, 2011 in General Parenting

Level 16 (3,212 Credits)
This question is closed.
Answers (10)
  • Or yeah, he can always call an attorney and ask them about it too.
    shoot4thestars

    Answer by shoot4thestars at 12:23 AM on May. 13, 2011

  • Generally they will only let u speak for him if he is disabled.
    Anonymous

    Answer by Anonymous at 12:18 AM on May. 13, 2011

  • I don't know. I've never heard anybody doing that other than attorneys. Does he have an attorney? An attorney would know if you can and how you would be able to go about this, if you are able to do so.
    shoot4thestars

    Answer by shoot4thestars at 12:20 AM on May. 13, 2011

  • He is not disabled. He just gets nervous and doesn't word things properly in a professional manner. Plus his ex is a monster and he is scared she will win so if things get too heated he just kinda backs off rather than take the risk....I've finally convinced him he can beat this and got him to file papers soo...i really dont wanna lose his confidence.
    huntin_mama

    Comment by huntin_mama (original poster) at 12:20 AM on May. 13, 2011

  • I don't know. I've never heard of anybody doing this other than attorneys. Does he have an attorney? I would advise him to get one, if he doesn't. Attorneys know if you can and how you would be able to go about this, if you are able to go about doing this.
    shoot4thestars

    Answer by shoot4thestars at 12:21 AM on May. 13, 2011

  • He does not have an attorney...we cannot afford one. We just put out 5,000 for my attorney in my custody case in another state and now no money. but maybe i can get a phone consult from a local attorney.
    huntin_mama

    Comment by huntin_mama (original poster) at 12:21 AM on May. 13, 2011

  • Oh sorry. My first answer didn't show for some reason until after I posted it a second time.
    shoot4thestars

    Answer by shoot4thestars at 12:22 AM on May. 13, 2011

  • Typically you can have anyone you want represent you, but the person representing you will be held to the standard of a lawyer. That means that any objections that are not raised will be waived, evidence will be entered in accordance with evidence rules, etc.

    Courts will often allow parties to speak , and allow those authorized to do so by a party to speak as well, but not necessarily to "represent" them in the matter. If he is going to make a statement as to his fitness for visitation, perhaps he can write a prepared statement with your help?
    Busimommi

    Answer by Busimommi at 12:24 AM on May. 13, 2011

  • We live in a very small town where things kinda get done in a simple way usually. I was thinking maybe he could give me power of attorney just for safe measure and then when we go to court, he can tell the judge the truth in that he has trouble getting his point across and ask if i can speak for him.
    huntin_mama

    Comment by huntin_mama (original poster) at 12:30 AM on May. 13, 2011

  • Power of attorney is given so you can make legal decisions for him, not speak for him in court. He is a mature adult and they will expect him to be able to say what needs to be said, answer questions, respond, anything on his own. The only time others can speak for him is if he hires an attorney. Even then, the judge can choose to directly speak with him regardless.

    Check out Legal Aid or attorneys that are pro bono in your area. Good luck.
    Razelda

    Answer by Razelda at 1:08 AM on May. 13, 2011