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

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 2

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 3

yes someone should be appointed to take care of the interests of the minor child. Neither parent is qualified in this case it should be a non biased person that is totally uninvolved in the situation and who will not be swayed by anything but what is in the best interests of that minor child. IOW, get the kid his/her own lawyer.

Answer 4

Someone need to take care of the child's interests. Not the father.

Answer 5

yes i do, that child should have a guardian ad litem, which will help the child be placed where needed and all over divoce agreements concerning the child.