In Re Marriage of Gannon
Guardian may seek divorce for incompetent.
Guardian may seek divorce for incompetent.
Guardian of an incompetent adult has the power to pursue a dissolution action.
Guardian of an incompetent adult has the power to pursue a dissolution action.
Children may not intervene in their parents’ divorce action with their own lawyer.
GAL fees are not dischargeable under11 U.S.C. section 523(a)(5) as they are a support obligation.
A GAL may listen to secretly recorded conversations between the father and the children, although any evidence would be inadmissible.
Legal guardian does not have the power to file a divorce action on behalf of an incapacitated ward.
GAL has absolute immunity from claims arising from alleged negligent performance of duties.
It was error for court to fail to appoint a GAL sua sponte where issue of paternity was raised post-judgment by motion to reopen.
State’s motive and role in commencement of paternity action does not make it the sole party in interest. A child has a strong interest in a determination on its paternity, although it may be contrary to the best interest of a child that its paternity be established. Thus, commencement of paternity action by GAL was appropriate.