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Old 04-12-2019, 06:48 AM   #1
LDM222
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Default Is it legal for my neighbor who is not an attorney to draft a custody order?

Vermont

Hi

Is it legal for my neighbor who is not an attorney to draft a custody order that my ex-husband and I will submit to the court as our agreed custody order?

She is not receiving any payment. The order is long, almost 10 pages.
Covering lots of issues.

Thank you!
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Old 04-12-2019, 07:52 AM   #2
Lexus
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Default Re: Is it legal for my neighbor who is not an attorney to draft a custody order?

It is not a matter of legality but a matter of validity. Normally orders are issued by the Court. Does the court demand a draft order from you?
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Old 04-12-2019, 10:53 AM   #3
adjusterjack
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Default Re: Is it legal for my neighbor who is not an attorney to draft a custody order?

Quote:
Originally Posted by Lexus View Post
It is not a matter of legality
Yes it is. In Vermont the unauthorized practice of law is subject to civil and criminal penalties:

https://legislature.vermont.gov/statutes/section/03/005/00127

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Originally Posted by LDM222 View Post
Vermont

She is not receiving any payment. The order is long, almost 10 pages.
Covering lots of issues.
Payment or no payment, it's illegal for her to do it.

However, if it does what you want it to do and you have no doubts, why make an issue of it? Just submit it as your own.

If you do have doubts, take it to your lawyer and have it reviewed and rewritten if necessary.
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Old 04-13-2019, 04:47 AM   #4
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Default Re: Is it legal for my neighbor who is not an attorney to draft a custody order?

Kind of a grey area.
She certainly cant practice law in any way.

And isn't she close to doing just that? I would say yes.

On the other hand any person can try to write up something they themselves hope to use.
When they start offering it as a service watch out.
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Old 04-13-2019, 06:16 PM   #5
Highwayman
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Default Re: Is it legal for my neighbor who is not an attorney to draft a custody order?

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Kind of a grey area.
There's nothing "grey" about it.
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