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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100051
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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SHOULD A CHILD HAVE A LEGAL GUARDIAN ASSIGNED IN A CUSTODY

Customer Question

SHOULD A CHILD HAVE A LEGAL GUARDIAN ASSIGNED IN A CUSTODY COURT TRIAL?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: I am the non custodian product . I am asked my her attourney to submit all medical records, mental health records . Her attourney supienned my daughters therapist to court. I have no attourney no guardian for my 14 year old daughter
JA: Is there anything else the Family Lawyer should be aware of?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Family Law
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. The answer is it is at the Judge's discretion. It is COMMON for the Court to appoint a guardian ad litem, an amicus, or an attorney ad litem to speak for and represent the child (the three positions differ slightly and different jurisdictions use different combinations of them). However, this is not mandatory unless the Court orders it. A parent can file a motion asking the Court to appoint a guardian to represent the child while the custody is being litigated. This would be a Motion for Guardian Ad Litem. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 7 months ago.
Can this be done two weeks prior to a custody trial?
Customer: replied 7 months ago.
If the other parents at tournry has supienned my daughters therapist to attend court can that be stopped?
Customer: replied 7 months ago.
This is against her therapists ethical and medical values
Expert:  Ely replied 7 months ago.
Normally this would be unusual. It can, but the Court may strike it down. It is recommended to then also request a POSTPONEMENT of the trial to allow the guardian to do the work, so it would be two motions back to back: Motion to Appoint Guardian Ad LitemMotion for Continuance A subpoena can be sent out to parties that have relevant information to the case. A therapist would, so the subpoena is likely to be upheld. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 7 months ago.
If my medical records say I have a mental illness can the take my custody away?
Expert:  Ely replied 7 months ago.
Yes, I am afraid the Court may decide to do this if it believes that this is in the child's best interest. However if so, visitation (to what level is at the court's discretion) may be an option.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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