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tarajean123 · Nov 13, 2008, 08:23 PM

I have full custody of my child, and he was in a car accident. Now without my consent my ex-husband has got him a lawyer for him to get a settlement. We were not going to go with a lawyer. Does he have the right to do this?

Fr_Chuck · Nov 13, 2008, 08:32 PM

I will assume the ex husband is the chlids father ? He does not have joint legal custody, and you full physical custody?

But if you have full legal custdy, then only you do, ** except it is common for the court to appoint an attorney for a child in many cases.

tarajean123 · Nov 13, 2008, 08:43 PM

I have full physical and legal custody. He has not seen his father since his surgery from the accident. His father was present at the hospital but since has had no contact with him. He has not even paid child support except for in September which was $100. But that was the first time in six months. The accident occurred on Oct. 4th. So to me he has abandoned his son. Just thought I should mention this.

JudyKayTee · Nov 14, 2008, 08:23 AM

Originally Posted by tarajean123

I have full physical and legal custody. He has not seen his father since his surgery from the accident. His father was present at the hospital but since has had no contact with him. He has not even paid child support except for in September which was $100. But that was the first time in six months. The accident occured on Oct. 4th. So to me he has abandoned his son. Just thought I should mention this.

Legally he has not abandoned his/your son and has the ability and legal right to obtain an Attorney to represent his/your son. I agree he is out of line and stepping on your toes - however, in theory the Attorney is working to benefit the child, not the parent, and the choice of Attorney shouldn't matter as long as he/she is competent.

If you do not want your son's interests represented by the Attorney your "ex" has retained you would have an Attorney of your choosing contact that Attorney and explain the circumstances.

Then they can battle it out, including making motions in Court - or they can work together or Attorney #1 can back off.

In the past I've worked a handful of cases where one child was represented by two Attorneys - one chosen by each parent. It's cumbersome and awkward for the Attorneys involved but I've seen it happen.

twinkiedooter · Nov 14, 2008, 08:28 AM

I think your ex has some sort of idea that he will be able to get his hands on any sort of settlement money the child hopefully will receive from the accident case. In almost all cases if a child/minor receives an award, the money is deposited in a trust account for the child and only a judge can approve any withdrawals from the account. In a way it is a good thing that an attorney was brought in to protect the interests of the child regardless of who retained his services.

ScottGem · Nov 14, 2008, 08:39 AM

Originally Posted by tarajean123

We were not going to go with a lawyer.

And why not? The other party or insurance company is going to be represented by counsel so your not being represented puts your son at a disadvantage.

You don't say the extent of your son's injuries or how old he is. But hiring a lawyer may be the best thing he's done.

JudyKayTee · Nov 14, 2008, 08:42 AM

Originally Posted by ScottGem

And why not? The other party or insurance company is going to be represented by counsel so your not being represented puts your son at a disadvantage.

You don't say the extent of your son's injuries or how old he is. But hiring a lawyer may be the best thing he's done.

I missed this, Scott - guess I'm not up to full game yet! Absolutely if one parent is not going to retain counsel and is going to deal personally with the insurance carrier it is appropriate for the other parent to obtain counsel and I don't believe if it even goes that far that any Court will disagree.

Obtaining counsel is definitely in the best interest of the child.