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Law guardian?

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nicole91

Junior Member
What is the name of your state (only U.S. law)? New York

For what reason would a law guardian be appointed in an uncontested divorce with a minor child? Everything I'm reading talks about custody battles, but that is absolutely not the case here.

Today I received a letter from the state Supreme Court with our divorce docket number on it saying that a law guardian had been appointed to represent our son and there is an "inquest" scheduled for July. I immediately called my (ex)husband and he said he had gotten a letter too and had no clue what it was about. I called the attorney listed and left a message. He didn't call back today so I'm just trying to get more info. My ex also put a call into his attorney but left a message as well.

We have no custody dispute or any contested matters at all in our divorce. We have a fairly friendly relationship all around. We actually just made tentative plans to take our son on a 5 hour bus trip the Bronx Zoo together next month.

A brief background: My husband wanted the divorce. We separated in May of 2005 when our son was almost 11 months old (He'll be 5 on Friday). My husband moved out and would regularly come by to spend time with our son. After a couple of years I filed paperwork for formal child support in family court to protect both of us--he had been paying all along--so there is a standing support order already in place since 2007.

He finally filed for divorce last March with an attorney(I was served then but I don't think they got it put on the docket until this April for whatever reason). We had already hashed what little there was to negotiate and I had no problems with the divorce paperwork so I didn't get an attorney. I didn't do the response thing so that it would just go in as a default judgment. In the papers his attorney drew up, we have joint custody of our son with me having primary physical custody. Visitation was outlined and my ex and I have actually modified it a bit due to a new work schedule for him and because he wanted a little more time with our son. I had no problem with that and it's been working great for the past year or so that he started having overnight visitation (we waited to do overnights until our son was almost 4).

I looked up our divorce case on the county website and see it has this law guardian attorney listed as my attorney (today is the first day I've heard of the guy!). Is this some sort of formality because I'm not represented and I have "custody" of our son? I'm very confused and to be honest, a bit nervous now.

Thank you.What is the name of your state (only U.S. law)?
 


BL

Senior Member
There are/were Family Court Orders , before the Divorce filings .

Judges usually have their Law Clerks review everything and sorta make a recommendation either for approval , or further proceedings .

Either the Law Clerk or the Judge seen something that they weren't comfortable with .

The Law Guardian represents the Legal interest of the child ,and become the child's lawyer .

The court appears to want to make sure the child's legal interest are taken care of .

Just because the Parents can hash it out as uncontested ,doesn't always mean the child's legal interest are being taken into consideration .
 

nicole91

Junior Member
Thanks for your response.

I really have no idea what could raise red flags? The family court order is for child support. It's the standard 17%, insurance, split other costs, etc. It's paid by garnishment to the county and he's never been behind or late. The support order is with the county I live in and not the county the divorce is in, if that matters. They are adjoining counties though.

As far as the custody/visitation in the divorce papers, it's pretty much the stereotypical arrangement. Joint legal, residential custody with me, share holidays, weekly overnight visitation, and 2 weeks in the summer.

His father works m-f 9-5 while I work mostly from home so I've basically been a stay at home mom all this time. I live in our former marital home with our son and have already refinanced it into my name. We had no other assets or debts and both have modest incomes.

Who pays for the LG?
 

LdiJ

Senior Member
Thanks for your response.

I really have no idea what could raise red flags? The family court order is for child support. It's the standard 17%, insurance, split other costs, etc. It's paid by garnishment to the county and he's never been behind or late. The support order is with the county I live in and not the county the divorce is in, if that matters. They are adjoining counties though.

As far as the custody/visitation in the divorce papers, it's pretty much the stereotypical arrangement. Joint legal, residential custody with me, share holidays, weekly overnight visitation, and 2 weeks in the summer.

His father works m-f 9-5 while I work mostly from home so I've basically been a stay at home mom all this time. I live in our former marital home with our son and have already refinanced it into my name. We had no other assets or debts and both have modest incomes.

Who pays for the LG?
If the divorce paperwork doesn't mention that child support has already been established through XXX county, that might explain what "red flag" went up with the judge.
 

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