, but generally, if there is such a thing, if my ex husband and I share joint custody... legal and physical... wouldn't there be a problem...legally speaking.... should one of us file a lawsuit on behalf of our (minor) daughter without informing the other.
suit has reached settlement and disbursed a considerably.
It's important to me that this money is held/invested solely for the benefit of my daughter -- I'm thinking this may not be the case.
my question is...typically, in a joint custody situation... can one file a lawsuit such as this without informing the other parent?
2007-12-26 16:38:01 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
her Father did this.
2007-12-26 16:45:55 · update #1
Yes, one parent generally can. However, if I was representing the other party to the claim I would not settle with one parent absent consent or settlement with the other or some proof that the other parent has waived his/her claims as a parent. Otherwise we may face a double liability situation. If you believe that there is some asset that should be held in trust or in a guardianship and which is not, you should speak to an attorney about petitioning the court to establish such a trust or guardianship.
2007-12-27 01:56:43 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Generally, in a joint custody situation, each parent has a valid interest in the well-being of the child, so each parent can file a lawsuit on the child's behalf.
But, as you said yourself, there are many variables at play, so it's impossible for us to tell you for sure.
2007-12-27 00:48:33 · answer #2 · answered by Anonymous · 1⤊ 0⤋
If you and the father disagree about the child's estate, then one of you should file a Court Petition for Guardianship of the Estate (property) of the minor child. Then let the Judge determine who is best for managing the child's property. The Court could appoint a 3rd (independent) person, who would charge the child's estate for his/her time and expertise required for managing and investing the child's estate.
The custody matters deal principally with the person of the child, because most children do not normally have any property of their own.
Talk with the father about the problem, then talk with an attorney to put your agreement in writing, or to file the Petition for Guardianship.
2007-12-27 01:36:06 · answer #3 · answered by LUCKY 4 · 0⤊ 0⤋
In general, BOTH custodial parents must be informed. In addition, both parents have the right to input into what is done with the proceeds.
However, I'd most definitely speak to the lawyer who won the settlement
Richard
2007-12-27 00:49:32 · answer #4 · answered by rickinnocal 7 · 1⤊ 0⤋
It sounds like you already filed the lawsuit. Why not call your attorney and get the right information???
2007-12-27 00:44:13 · answer #5 · answered by TedEx 7 · 0⤊ 0⤋