I am not married, and the woman I was with for 18 years filed a civil suit against me for palimony, child support, and money. About a year went by and we reconciled, through counseling, she went to court to withdraw the suit and the judge said no to her, the judge said they would not allow her to drop the lawsuit. She does not want to proceed with it, and can't understand why they are making her go through with it. It doesn't make sense. We have a 10 year old son and a gurdian ad liam was appointed, and he advised the court that she should proceed with the lawsuit because it would be better for the child.
2007-08-26 03:23:41 · 6 answers · asked by mohegan961 1 in Politics & Government ➔ Law & Ethics
It didn't make sense to me until you mentioned the child having a guardian ad litem. That means that this guardian gets to make all the decisions for that child for this case, not the parent. The child is now a plaintiff as well, and the guardian wants that child's interests to be litigated.
So, the answer is, the court isn't forcing you to sue. The court is allowing the guardian ad litem to decide on behalf of the child to continue the suit to protect their client's interests.
That makes perfect sense to me. Email me if you need further explanation.
2007-08-26 03:39:12 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
The court may be afraid that you a not going to pay child support unless required to by law. In this case, the court is acting on behalf of the child and they can force her to continue with the lawsuit. She must have had a reason for filing the suit in the first place. Apparently you were not paying for the child you helped to make.
2007-08-26 03:34:40 · answer #2 · answered by Gypsy Girl 7 · 0⤊ 0⤋
The court is looking to the best interest of the child so if the guardian ad litem wants to proceed, then the court will allow it. I think it is to establish paternity so that if things don't work out, it is already done and there's a court order, requiring you to pay a certain amount of child support.
2007-08-26 03:29:51 · answer #3 · answered by Princess Leia 7 · 0⤊ 0⤋
The term is Guardian ad Litem. His job is to look after the interest of the child. Talk to your own attorney. The guardian may have a point.
2007-08-26 03:50:14 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋
I never heard of such a thing. A plaintiff has always got the right to drop the case. I would see a lawyer about this. I think this judge is playing fast and loose with the law.
2007-08-26 05:16:41 · answer #5 · answered by WC 7 · 0⤊ 0⤋
But it's your child. Right?
And guess who is going to be responsible for the child. You? Yes, you!
That's why the court is suing you in their name.
2007-08-26 04:15:04 · answer #6 · answered by TedEx 7 · 0⤊ 0⤋