Year: 2018

What Can a Grandmother Do?

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PROTECTING A GRANDDAUGHTER’S INTERESTS AS “GUARDIAN AD LITEM”

One thing I’ve learned in the legal profession is that a little advice goes a long way, especially legal advice. This morning, while I was sitting in the family law courtroom waiting for my client’s case to be called, an elderly woman sat down next to me and we began talking. As our conversation progressed, she began explaining her dilemma. She told me she was in court trying to obtain child support from the father of her granddaughter. The mother had sadly passed away, and she responsible for raising her granddaughter as the father was not fit to be a parent. I offered to review the paperwork she had filed with the Court to see what could be done. As it turned out, there was a prior child support order to the deceased mother that likely could be enforced if the right measures were taken.

In this situation, the question becomes: What can a grandmother do protect the interests of her granddaughter (whether the purpose is to collect child support or otherwise)? Simply put, the answer is “Grandma” seek to be appointed “GUARDIAN AD LITEM,” and bring a motion to enforce the prior order.

For the purposes of this blog, we will analyze this particular situation, wherein the goal is to collect on child support.

Child holding adult hand

A GUARDIAN AD LITEM is a person appointed by the court to represent and advocate the best interests of a minor child, until the child comes of age. In family court, a GUARDIAN AD LITEM can be appointed in contested custody and visitation cases, child support cases, name changes, adoptions, Department of Social Service abuse and neglect cases, and termination of parental rights.

Here, absent a court order for GUARDIAN AD LITEM, the only person who can advocate on behalf of the child is the child’s father – the same one who has not been paying on the prior support order. It is unlikely that “Dad” would be willing to advocate against himself. As such, Grandma can ask the court to appoint her as a GUARDIAN AD LITEM, which would allow her to bring an action to force Dad to pay on the prior order. Assuming Grandma is appointed GUARDIAN AD LITEM and the prior order is enforced, Grandma will then be able to contact Child Support Services and withdraw the collected child support for the benefit of her granddaughter.

Coming back full circle, I advised Grandma of my analysis. She was very grateful for this token of advice. I further advised her that it would be in her best interests to seek an attorney who could assist her in preparing the necessary documentation to secure the relief she was seeking.

It is important to remember that a GUARDIAN AD LITEM seeks only to represent the interests of the minor child, not to act in their own interests. It is a selfless act, but carries with it a fiduciary duty to the court and to the minor child.

 

This quick reference is only meant to provide a brief overview of a particular scenario; however, every case is different. If you seek further information on this topic, or any family law topic for that matter, please contact our office so we may further assist you.

Cleaning Your Criminal Record. What You Must Know!

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PETITIONS FOR DISMISSAL UNDER PC § 1203.4 – THEY AREN’T FOR EVERYBODY

One of the most common questions we hear in our office is “when can I erase, expunge, or vacate a conviction from my record”? Unfortunately, the real question is not about WHEN can I erase this conviction, but CAN I erase the conviction at all.

One way to clean up a prior criminal conviction is to petition the court for dismissal under PC § 1203.3 or 1203.4, et al. The code in its most basic description provides that if you have been convicted of certain felony or misdemeanor offenses, you can ask the court to change your plea of guilty to not guilty. If the motion is granted, the court has the ability to erase the conviction and dismiss the case in its entirety, almost as if it never happened.

Sounds simple, right? Not quite. What many people fail to realize is that not every conviction can be erased by a Petition for Dismissal. The question then becomes “who is eligible”? As the list for eligibility is rather lengthy, a more efficient way to analyze this question is by determining who is not eligible for this type of relief.

  • First, you are not eligible if you were convicted of a felony or misdemeanor and were sentenced to state prison. This is a statutory bar without exception, so if you went to state prison, this is not relief you should seek as it will be denied.
  • Second, you are not eligible if you did not complete the terms of your probation (including payment of court fines and fees). For example, if you pick up a new case or your probation was revoked and not reinstated (meaning you served some time behind bars instead of completing probation), then your petition will not be granted.
  • Third, you are not eligible if you are serving a sentence for any offense, are still on formal probation or informal probation for any offense, or a charged with the commission of any new offense. It must all be water under the bridge with a crime free lifestyle.
  • Fourth, if you were convicted of a crime within one year of the pronouncement of judgment, you likely will not be eligible. In this circumstance is would be best to argue a dismissal is in the interests of justice. This issue will be discussed in further detail at a later date.
  • Finally, certain convictions are simply not eligible for dismissal at all. These typically include violations of Vehicle Codes on reckless driving to avoid a peace officer, and crimes of sexual assault and public indecency.

At the end of the day, what all this means is a Petition for Dismiss.

al is not for everybody. If you are considering cleaning up your criminal record, it is imperative to reach out to an experienced criminal law attorney who will be able to guide you down the appropriate path.

 

The information provided above is not to be taken as a guarantee. It is important to remember that no two cases are alike, and your chances of relief will vary depending on a combination of factors. If you have particular questions, contact our office, or comment below.