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Suing on behalf of a child

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smurfet1313

New member
What is the name of your state? Pennsylvania
If a parent is suing on behalf of a child but loses custody of the child after it has been filed,can the lawsuit go away or revert to the new custodial parent?
 


quincy

Senior Member
What is the name of your state? Pennsylvania
If a parent is suing on behalf of a child but loses custody of the child after it has been filed,can the lawsuit go away or revert to the new custodial parent?
Loss of custody does not mean termination of parental rights.

What is the lawsuit about?
 

quincy

Senior Member
While waiting, I can tell you that you can voluntarily withdraw your suit through a motion to the court although you would want to speak to an attorney in your area for advice.

You can withdraw "without prejudice" which means you can refile your suit at a later time. If you withdraw your suit "with prejudice," the legal action ends there.

But, depending on facts, you might in withdrawing your claim have to pay the other party's costs. And, if the other party filed a counterclaim, the counterclaim is not withdrawn with the withdrawal of your suit.

It is also possible to amend your complaint and, again depending on facts, you could motion for a substitute party plaintiff.

My advice - based on the little that you have said so far but probably based on whatever you have to add - is to find an attorney in your area for a personal review. It also could be possible for your child to file his own suit once s/he becomes an adult.
 

Litigator22

Active Member
What is the name of your state? Pennsylvania
If a parent is suing on behalf of a child but loses custody of the child after it has been filed,can the lawsuit go away or revert to the new custodial parent?
Your question appears to presume that a parent can act in pro per (without a lawyer) in representing their minor children in a court of law; to-wit: "suing on behalf of a child".

If that is your position, then please cite legal authority from Pennsylvania or any other jurisdiction authorizing such practice as an exception to the laws prohibiting the unlicensed practice of law.
 

quincy

Senior Member
Your question appears to presume that a parent can act in pro per (without a lawyer) in representing their minor children in a court of law; to-wit: "suing on behalf of a child".

If that is your position, then please cite legal authority from Pennsylvania or any other jurisdiction authorizing such practice as an exception to the laws prohibiting the unlicensed practice of law.
Parents can file on behalf of their minor children.
https://www.pacode.com/secure/data/231/chapter2020/chap2020toc.html
 
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Litigator22

Active Member
So . . . ? If you will take note you will find that Rule 17 (c) of the Federal Rules of Civil Procedure is similar as it likewise permits certain representatives including a parent of a minor child "to sue or defend on behalf of a minor."

However, the federal courts have consistently held that the Rule "does not confer any right upon such representatives to serve as legal counsel." Citing: Devine v. Indian River County Sch. Bd., 121 F.3d 576, 581 (11th Cir.1997) (citing Osei–Afriyie v. Medical Coll. of Pennsylvania, 937 F.2d 876, 882–83 (3d Cir.1991); Cheung v. Youth Orchestra Found. of Buffalo, Inc., 906 F.2d 59, 61 (2d Cir.1990); and Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir.1986)); Tindall v. Poultney High Sch. Dist., 414 F.3d 281, 284 (2d Cir.2005)

In consequence this from "In the Matter of Minor Child "A" by and through F. P. J. her mother vs. Amy Davis, et al. : *

"It is thus a well-established general rule in this Circuit that a parent not admitted to the bar cannot bring an action pro se in federal court on behalf of his or her child." We similarly conclude that Rule 17(c), Ala. R. Civ. P., (similar to that of the FRCP) does not confer upon a representative of a minor a right to practice law on behalf of that minor.

The purpose for requiring a lawyer is to "ensure that children rightfully entitled to legal relief are not deprived of their day in court by unskilled, if caring, parents." Devine v. Indian River County School Board, 121 F.3d 576, 582 (11th Cir.1997), cert. denied, 522 U.S. 1110, 118 S.Ct. 1040, 140 L.Ed.2d 106 (1998).

________________________________

[*] https://caselaw.findlaw.com/al-court-of-civil-appeals/1588885.html
 

quincy

Senior Member
So . . . ? If you will take note you will find that Rule 17 (c) of the Federal Rules of Civil Procedure is similar as it likewise permits certain representatives including a parent of a minor child "to sue or defend on behalf of a minor."

However, the federal courts have consistently held that the Rule "does not confer any right upon such representatives to serve as legal counsel." Citing: Devine v. Indian River County Sch. Bd., 121 F.3d 576, 581 (11th Cir.1997) (citing Osei–Afriyie v. Medical Coll. of Pennsylvania, 937 F.2d 876, 882–83 (3d Cir.1991); Cheung v. Youth Orchestra Found. of Buffalo, Inc., 906 F.2d 59, 61 (2d Cir.1990); and Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir.1986)); Tindall v. Poultney High Sch. Dist., 414 F.3d 281, 284 (2d Cir.2005)

In consequence this from "In the Matter of Minor Child "A" by and through F. P. J. her mother vs. Amy Davis, et al. : *

"It is thus a well-established general rule in this Circuit that a parent not admitted to the bar cannot bring an action pro se in federal court on behalf of his or her child." We similarly conclude that Rule 17(c), Ala. R. Civ. P., (similar to that of the FRCP) does not confer upon a representative of a minor a right to practice law on behalf of that minor.

The purpose for requiring a lawyer is to "ensure that children rightfully entitled to legal relief are not deprived of their day in court by unskilled, if caring, parents." Devine v. Indian River County School Board, 121 F.3d 576, 582 (11th Cir.1997), cert. denied, 522 U.S. 1110, 118 S.Ct. 1040, 140 L.Ed.2d 106 (1998).

________________________________

[*] https://caselaw.findlaw.com/al-court-of-civil-appeals/1588885.html
I agree that a parent cannot act as legal counsel for their child.
 

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