| | I had this really weird case some time back. I was representing a 16 year old kid caught in a custody battle. The kid had lived with Dad every since the divorce and it appeared that Dad was doing a good job. However, Dad was going through an extremely messy divorce from wife #2 (not the mother of the child).
The same lawyer represented both wife #2 and the mother of my client, which admittedly was odd. The timing of the two cases also appeared highly suspect to me. The issue of the custody case was that Dad was perhaps too permissive of drug (marijuana) and alcohol use. However, I had a sixteen year old client who did not want to move in his last years of high school to another state. I also had to wonder because every since the divorce there had never been any problem with Dad up until his messy divorce. I made it pretty clear to the lawyer for Mom and wife #2 that my impression was that wife #2 was "stirring the pot" and I wasn't very inclined to support moving a 16 year old against their will to another state.
My 16 year old client took a drug test and (as I recall) it was negative. There was nothing to indicate that the kid had a major drug problem. The kid had a pretty good school record and other than the allegations made primarily by wife #2, there didn't appear to be any problem at the home.
The mother of my client eventually decided to dismiss her case. I have no real idea why although I suspect money was an issue. Mom was in Arizona and had to fly out for court. I don't know how much my position on the case influenced the decision by Mom to dismiss.
Well, I see the lawyer for Mom and wife #2 today in court. I don't care for her too much because she just appears manipulative. It turns out my client died of a drug overdose. All I could think was "well, crap." "Did I screw that one up?" "Maybe switching to Mom may have prevented this." Dad supposedly is suicidal. I knew that he loved and was very bonded to his son.
It's tough making decisions that affect people's lives. I'm always mindful that there is a high chance that any decision could lead to harm to the people involved. My general rule is to try very hard to do no harm. The irony is that sometime doing nothing ends up doing harm.
It's possible that forcing a 16 year old to move would not have changed the outcome. It's just the possibility that it could have that is troubling.
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| | Posted 7/9/2008 11:38 AM - 126 Views - 26 eProps - 12 comments
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