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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2511
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I am dealing with a child support case right now

Customer Question

I am dealing with a child support case right now for my husband as he is temporarily incapacitated and permanently disabled. At the moment, he cannot deal with the case due to a recent hospitalization. I applied for guardianship - and the judge is saying that all parties must agree to me being the guardian to help in this case?? - does not make sense - i am his wife... The opposing party is apprehensive. Not sure what to do at this point.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
I believe you applied to be his guardian ad litem, not his guardian. Usually, a guardian ad litem is a lawyer or a professional in California. You could apply for conservatorship in California, which is a major and involved court case. That would give you the absolute right to represent him. But if you are not his legal conservator, the judge does not have to let you be his guardian ad litem and represent him in the child support case. Is his disability such that filing for conservatorship would make sense?
Customer: replied 1 year ago.
NO - this is only temporary - his condition. He is permanently disabled but is recovering and is not of sound mind to take care of the issue. So - can't our lawyer be the ad liltem?? - I thought that was what a lawyer does anyway.
Expert:  S. Kincaid replied 1 year ago.
A lawyer can represent him without being a guardian ad litem. I didn't know he had a lawyer. Is the lawyer having trouble representing him because of his incapacitation?
Customer: replied 1 year ago.
Yes - he is saying that the lawyer does not know him enough - he hasn't talked to him in a while??
Customer: replied 1 year ago.
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Expert:  S. Kincaid replied 1 year ago.
But is the lawyer saying that he lacks the mental capacity to form an attorney-client relationship? If not, a Guardian ad Litem is unnecessary and I'm not sure what benefit it would provide.
Customer: replied 1 year ago.
He was in contact with him years ago - it's ridiculous - i want to get a doctor's letter stating he does not need a guardian ad litem -
Expert:  S. Kincaid replied 1 year ago.
Who is demanding that there be a guardian ad litem?
Customer: replied 1 year ago.
Sorry for the delay - his lawyer was demanding it. I did not understand it in detail. I thought it was where I would travel to represent my husband since he has trouble traveling. T
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  S. Kincaid replied 1 year ago.
I'm sorry the judge is doing that to you. Although the judge may appoint anyone he chooses, or nobody if he thinks it is unnecessary, he is not required to have consensus from all parties. I don't know why he thinks that's appropriate. His lawyer could recommend, that if the other party won't agree, that they pay for a professional guardian ad litem. That could encourage them to agree to let you be the guardian ad litem.