I'm in the middle of a custody law suit, I'm the petitioner. Due to the fact that I don't know the address or location of the respondent, I am being advised to pay for an ad litem in order to get the case underway. Can someone explain to me what this is? I have a brief idea, but don't feel like I understand it completely. Is this a good thing? I mean, will the ad litem be working for my benefit? Thanks in advance.
2007-03-04 15:15:19 · 6 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
it is basically a layer for your child there are good to have
guardian ad litem
n. a person appointed by the court only to take legal action on behalf of a minor or an adult not able to handle his/her own affairs. Duties may include filing a lawsuit for an injured child, defending a lawsuit or filing a claim against an estate. Usually a parent will file a petition to be appointed the guardian ad litem of a child hurt in an accident at the same time the lawsuit is filed.
See also: ad litem
ad litem
adj. legal Latin meaning "for the purposes of the legal action only." Most often the term applies to a parent who files a lawsuit for his or her minor child as "guardian at litem" (guardian just for the purposes of the lawsuit) or for a person who is incompetent. Either at the time the lawsuit is filed or shortly thereafter, the parent petitions the court to allow him/her to be guardian ad litem, which is brought ex parte (without a noticed hearing) and is almost always granted. A person acting ad litem has the responsibility to pursue the lawsuit and to account for the money recovered for damages. If a child in such a lawsuit reaches majority (18 in most states) while the suit is pending, the ad litem guardianship terminates and the "new" adult can run his/her own lawsuit. Some courts require an order terminating the guardianship ad litem upon proof of coming of age.
2007-03-04 15:21:05 · answer #1 · answered by debrasearch 6 · 0⤊ 0⤋
An ad litem is someone that represents the children in this matter. I beleive that they are there to look out for the best interest of the children. They will make a recommendation to the court as to what is best for the children/child. Basically, since there is a custody law suit, sometimes people will do whatever it takes to win and loose sight of what is most important (the children) the ad litem is there to make sure that the best interest of the children is served in such a circumstance. Good luck.
2007-03-04 15:22:33 · answer #2 · answered by livingadream 4 · 0⤊ 0⤋
The attorney ad litem is a nonpartial part of the legal team. They are paid through the court, not by you, even though you are paying for them. The purpose of one is to have a nonpartial lawyer to represent the child's best interests above either party. Also, they are privy to information that is not easily available to either party or that either party wants to keep away from the judge, etc. They can investigate on their own and ask for things in order to help make a better differentiation of what is in the child's best interest.
In your case, when you can't find the respondent, you will benefit a lot from one because you can continue in the case because the child is represented and a "non-partial" member is filling in some of the blanks of the other person in the suit. If you can't find the respondent, it should only be in your best interest to hire one...You have to be better for the child than the person who can't be found! Not to mention that they might be able to find the other person.
We had one in the custody case for my step-son, and it was the best thing we did. It gave me a lot of comfort to know that there was someone who was looking out for the welfare of my child above all else. Not to mention they had access to things we did not.
Good luck!
2007-03-04 15:25:48 · answer #3 · answered by tallnfriendlyone 3 · 0⤊ 0⤋
refer to the courtroom and merely request a father or mom ad litem. they are going to represent the most suitable interest of the newborn and make options to the decide. In my city/county, they are all volunteers, and loose, for sure.
2016-10-17 10:19:47 · answer #4 · answered by pipe 4 · 0⤊ 0⤋
some one who has no connection to either party, an impartial person there on the behalf of the child or children, it is a very good thing
2007-03-04 15:44:14 · answer #5 · answered by melissa s 6 · 0⤊ 0⤋
they are an attorney for the child to act in there best interest
2007-03-04 16:17:01 · answer #6 · answered by raindovewmn41 6 · 0⤊ 0⤋