Child Custody and Request for Guardian ad Litem
At the Orange County Law office of David P Schwarz we are dedicated lawyers who fight for the rights of children in child custody proceedings including appointing a guardian ad litem to the case. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at email@example.com.
A child custody lawyer will petition the court for appointment of a guardian ad litem in any case when the minor person lacks legal capacity to make decisions for themselves in a family court setting or in probate court. In addition, often there is a conservator appointed as well.
The child custody lawyer will make sure the guardian or conservator of the estate or guardian ad litem appears for a person who lacks legal capacity to make decisions and have power, with the approval of the court in which the action or proceeding is pending, to agree to an order or judgment to be entered therein for or against the ward, and to satisfy any judgment or order in favor of the ward or release or discharge any claim of the ward pursuant to that compromise. That means the guardian will step into the shoes of the minor and settle all legally binding agreements and lawsuits filed against the minor.
At the Orange County of Law Office of David P Schwarz we will make sure the appointment of the guardian ad litem done procedurally correct and without any problems with the Superior Court where the action against or for the minor is filed. For example if the minor is the plaintiff the appointment must be made before the summons is issued, upon the application of the minor, if the minor is 14 years of age or older, or, if under that age, upon the application of a relative or friend of the minor. In addition, If the minor is the defendant, upon the application of the minor, if the minor is 14 years of age or older, and the minor applies within 10 days after the service of the summons, or, if under that age or if the minor neglects to apply, then upon the application of a relative or friend of the minor, or of any other party to the action, or by the court on its own motion.
A child custody attorney will ensure that the powers of the guardian ad litem are dealt with correctly. A guardian ad litem may be appointed in addition to a guardian or conservator appointed under the Probate Code for custody purposes, because the role of a guardian ad litem, who is appointed only for purposes of the action, is solely to protect and defend the ward's interest in the suit.
A guardian or guardian ad litem representing the interest of a minor in probate proceedings is not a party to the action; instead, he or she is a representative of record of a party who lacks capacity to sue; a minor's guardian ad litem's powers include the right to compromise or settle an action, to control the procedural steps incident to the conduct of the litigation, and, with the approval of the court, to make stipulations or concessions that are binding on the minor, provided they are not prejudicial to the latter's interests.
At the Orange County Law Office of David P Schwarz we are very conscientious advocates for minors who are subject to a lawsuit. We will make sure any action filed against a minor child has a guardian ad litem appointed in the child custody proceedings. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at firstname.lastname@example.org.