My ex has filed a lawsuit on my daughter's behalf (she was bitten by my mother's dog). He filed as her next friend, and everything I've seen regarding "next friends" makes it look like it's only for when there is no guardian, or the guardian is one of the negligent parties. Wouldn't I, as her custodial parent, automatically be her guardian (full physical, sole legal)? And since it wasn't my dog, how would I be negligent?
So, do I just not understand the whole "next friend" thing, or is this a potential opportunity to squash this case?
I already have a settlement agreement with her homeowner's insurance, we were just waiting for a probate court date to have it ok'd by a judge. My ex just wants to get his hands on her money, and now I have $11,000 in bills in my name from her surgery that can't get paid until I get that insurance money, so that's why I want to get his lawsuit over with ASAP.
2007-08-12
14:00:53
·
3 answers
·
asked by
lee_anne301
3
in
Law & Ethics