Thursday, August 17, 2017

Triggering the Appointment of a Guardian Ad Litem and Attorney's Fees

When is a guardian ad litem required in a custody case?   When is a party entitled to attorney's fees for having to defend and allegation of abuse and/or neglect?  The answers to these questions appear in Carter v. Carter 204 So.3d 747 (Miss. 2016) located here.  The allegations have to be of the type to trigger the jurisdiction of the Youth Court.  As such, mere allegations of bad parenting are not enough.  With that being said, if the allegations are not sufficient to trigger the provisions of 93-5-23, there is no basis to award attorney's fees for having to defend the allegations. 

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