Should a minor child have independant counsel if made a party to parents divorce agreement?

Question

two people divorcing, part of their divorce agreement will put 50% of real estate in the Childs name with his father. The agreement take his mother's name off the property and the son's name goes on. Should this child have independant counsel considering that neither parent can act objectively in the child behalf?

Answer 1

The child can have a separate lawyer in order to protect interests in the divorce agreement of his parents.

Answer 2

Yes. If no one has done so, ask the Court to appoint an atty to represent the minor. This atty is called a "Guardian ad Litem" (roughly, guardian for a time), but it's just a legal phrase for the atty representing the minor. In my state, it is done automatically if the Court KNOWS there's an issue concerning a minor. The Court does not sit and read case files all day. The child has an absolute right to an atty--someone just needs to bring it to the Judge's attention. Often, a simple letter to the judge will suffice. Be sure to put the case name and number on the letter.

Answer 3

I believe the child should have separate representation especially in this case. Neither parent can be objective. The child also may need a representative in the future should the Father attempt to sell the real estate in the future. Such provisions should be spelled out now.

Answer 4

Does one of the parents disagree that the child should get the real estate? Even if you did have independent counsel, one of the parents is going to be paying for it. I can't see that going well.

Answer 5

Who is the child's legal guardian?

I think a trustee handling the child's interest in the property might be neded.

Answer 6

Absolutely he or she should.

In some states, the state assigns counsel for the child in order to protest his/her best interest.