QUESTION
How can I make myself a guardian for my son if I am the custodial parent?
Asked on Jan 13th, 2014 on Personal Injury - Louisiana
More details to this question:
My son has an insurance settlement for a personal injury. The money was required to be invested with some restrictions until he is of age to manage his own money. At the time of the settlement our attorney listed his father as the guardian. The attorney told me there was no need to list me because neither of us could have access to the money. I am recently divorced and the investment company will not let me make decisions in investments or even view the account to see growth and how his money is invested. Only the guardian listed on the legal document which is his father is allowed to access even though I am the legal mother, the child resides with me, and I am the custodial parent. Is this legally correct by not allowing me to view the investments? How do I go about being added as a guardian as well as his father on the account so I can view and monitor activity? I need to know what I need to do to either be the guardian or let the investment company know that I also should be able to view activity on my sons account.
9 ANSWERS
Ronald A. Steinberg
You will have to go to Probate Court and ask to change the guardianship from the father to you. You will need to have compelling reasons to do so. Frankly, unless you are some sort of an investment wizard, you should keep your nose out of the investment portfolio.
Answered on Feb 07th, 2014 at 2:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Petition the court that approved the settlement to get an order granting the authority you seek. Ask the attorney who did the settlement to do this, he/she should have known to take care of this from the outset. Also: check the divorce papers regarding custody, there is probably a provision which will give you the standing to file the petition, though it may not spell that out specifically.
Answered on Jan 16th, 2014 at 8:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, it is legal. If you want to be the co-guardian, you have to petition in the guardianship proceeding to be added. As for advising the investment company about what to invest in, don't. The investment company's job is to know how to invest. Unless you are in the business and average a 10% annual rate of return or better, stay out of it.
Answered on Jan 16th, 2014 at 8:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The correct and cheap alternative is by an agreement with his father, if not it is hire an attorney and to the probate court for a modification of guardianship order.
Answered on Jan 16th, 2014 at 7:52 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Excuse me but why did you not raise this question at the time the case was pending? Get you a good lawyer who does work before the clerk and ask him if there is any way he can get the guardianship changed by a hearing before the clerk.
Answered on Jan 16th, 2014 at 1:35 PM
Robert J. Sayfie
You need to file a motion to request that the Probate Court add you as a Guardian, with your ex, or replacing your ex. Ask for whatever you want and see what happens. I think most courts would allow you to be added if your reason makes sense.
Answered on Jan 16th, 2014 at 1:35 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You need to get an order of custody from family court, then go to civil court ex parte and ask court to have you added as the guardian for the investment.
Answered on Jan 16th, 2014 at 1:35 PM
James Eugene Hasser
Get your divorce lawyer to help you. Good luck.
Answered on Jan 16th, 2014 at 1:34 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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In Louisiana, a child's parents are their natural tutor (father) and tutrix (mother). When you settled the child's case, your lawyer (for some reason) only had the father confirmed by the court as the child's natural tutor. You would need to petition the court to be confirmed as the child's natural undertutrix or co-tutrix, which should allow the investment company to discuss matters with you, too. This shouldn't be very difficult or expensive.
Answered on Jan 16th, 2014 at 1:34 PM