The following excerpt is from Jones v. Cnty. of San Diego, Case No.: 18cv2729-W-LL (S.D. Cal. 2020):
When determining whether to appoint a particular guardian ad litem, the court must consider whether the minor and guardian have divergent interests. Cal. Civ. Proc. 372(b)(1). "When there is a potential conflict between a perceived parental responsibility and an obligation to assist the court in achieving a just and speedy determination of the action, a court has the right to select a guardian ad litem who is not a parent if that guardian would best protect the child's interests." Williams v. Superior Court, 147 Cal. App. 4th 36, 49 (2007) (internal quotation marks and citation omitted); see also
Page 4
Estate of Lopez v. City of San Diego, No. 13cv2240-GPC(MDD), 2014 WL 12675268, at *1 (S.D. Cal. Aug. 25, 2014) (quoting Williams v. Superior Court, 147 Cal. App. 4th at 49). "[I]f the parent has an actual or potential conflict of interest with his child, the parent has no right to control or influence the child's litigation." Williams v. Superior Court, 147 Cal. App. 4th at 50.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.