Does a court have authority to appoint a guardian ad litem for a son to whom the husband is not the father?

California, United States of America

The following excerpt is from Thomas v. Thomas (In re Marriage of Thomas), G053595 (Cal. App. 2018):

The court denied wife's oral request for appointment of a guardian ad litem for one of her sons, to whom husband is not the father. Contrary to her assertion, this was not error.3 Under section 372, a guardian ad litem may be appointed to represent a person "who lacks legal capacity to make decisions" in litigation. (Id., subd. (a)(1).) As the trial court explained, however, the son for which wife wanted a guardian appointed was not a party to this case and none of the matters before the court concerned him. Under these circumstances, the court acted appropriately in denying wife's request. (See In re Marriage of Lloyd (1997) 55 Cal.App.4th 216, 222-223 [no authority for appointment of guardian ad litem in dissolution action because minor not party to the action]; Williams v. Superior Court (2007) 147 Cal.App.4th 36, 47 ["The purpose of a guardian ad litem is to protect the minor's interests in the litigation"].)

Other Questions

When a party becomes incompetent but no guardian ad litem is appointed, can the court grant relief to a party's attorney who failed to properly file an answer? (California, United States of America)
Does a court have a duty to appoint a court-appointed interpreter for an indigent, non-English speaking litigant in a civil small claims proceeding? (California, United States of America)
When a receiver is appointed by a different department of the Court of Appeal, does the Court have jurisdiction to appoint a receiver? (California, United States of America)
Does a failure to appoint a guardian ad litem affect the jurisdiction of the court? (California, United States of America)
Does the Court of Appeal have any authority or authority to review the judgment of the trial court? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
How have the courts treated a husband's out of court declaration to prove his wife's state of mind? (California, United States of America)
Does the California Superior Court have authority to the effect that any fair, reasonable doubt concerning the existence of a municipal corporation's eminent domain power is resolved by the courts against the corporation? (California, United States of America)
Does the Court have authority or authority to address the merits of the appellant's Fourth Amendment claim? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.