How Do You Argue A Guardian Ad Litem Is Not Needed?

Noblesville Indiana Divorce LawyerQuestion:

How do you argue a Guardian Ad Litem is not needed and would be a waste of money?

My ex-wife and I have had 50/50 custody for over a year without any issues. Our only point of contention right now is the distribution of marital debt.

I feel my ex is using the possibility of involving a Guardian Ad Litem as a bargaining tactic to scare me into taking more of the debt.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.

If the child’s mother files a Motion for Appointment of a Guardian Ad Litem or similar pleading, then you may be able to file a responsive motion that child custody or parenting time have not been at issue and that the parties are unable to afford the cost.

The court may be able to determine whether you would qualify for a modest means Guardian Ad Litem or whether there seem to be any genuine issues of dispute for parenting time/custody.

You may be able to voice your objection to the appointment of a Guardian Ad Litem or request that the fees be paid by the child’s mother if she insists that a Guardian Ad Litem is necessary.

The judge has a great deal of discretion in ruling on these pleadings.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.

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One comment on “How Do You Argue A Guardian Ad Litem Is Not Needed?

    help my husband
    we are going through a modification of child custody, trying to get the kids out of their mothers abusive home. there is medical, physical, emotional, and mental abuse going on there. we had a pfa in place and had an attorney, but the mother came in prose and still won the case. the judge refused any testimony from the kids pertaining to the domestic abuse though there is tons and tons of it going on there. the mother is still threatening the kids and is now telling them that she is going to keep them away from us and make it where we have only supervised vistits with the kids, they don’t want to live with her and she scares them into doing what she wants. we don’t know what to do. are there any loop holes in the court system to get them out of the house before we go to trial? we don’t know what to do. help my husband

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