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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102191
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have co guardianship over my autistic son with my husband.

Customer Question

I have co guardianship over my autistic son with my husband. Recently my husband was charged with misdomeanor assault against my son. I am concerned that if I appear to support my husband during this time it will look like I am supporting the act thus negatively affecting my reapplication for guardianship.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
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I am sorry to hear about this situation. Okay, I understand the presumed conflict of interest, if it can be called this. What exactly can I answer for you in regards ***** ***** i.e. what is your question?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I am concerned that a judge may look at my involvement with my husband in his case a s a show of support for his actions and thus guardianship will be revoked and either he will be left on his own or will be assigned to someone else
Expert:  Ely replied 1 year ago.
Okay, I understand your concern. I am not quite sure what you are asking. For example:
"Is my concern valid?"
"Should I not stick up for my husband?"
Customer: replied 1 year ago.
is my concern valid? for example my son and i have moved out, of he house if I move back with my husband which i am not sure what I want to do anyway, and leave my son in an apartment with his I abandoning my duties to him as a guardian
Expert:  Ely replied 1 year ago.
Thank you.
Well, yes and no.
As a guardian, one has a duty to the ward. This duty does not end even if the co-guardian who happens to be the father is accused of doing something against the child. So if someone in your situation defends the other co-guardian, and he is still convicted or pleads guilty, then this may in fact be used against you in Court in terms of a guardianship proceeding.
No, in that the chances of this happening are slim unless (1) he is convicted or pleads guilty, and, (2) the Judge of the court that oversees the guardianship takes issue with this.
It is up to someone in your situation to decide whether or not decide to be a witness for one's husband, even though doing so may endanger (however unlikely) one's own guardianship if the court overseeing the guardianship later believes you to have lied or otherwise covered up the truth.
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