The California FJ 200 form is designed to request the appointment of a guardian ad litem for a minor in family law or juvenile proceedings. This form is essential for ensuring that minors have proper legal representation when their interests are at stake, particularly in situations where their parents or guardians may have conflicting interests.
The form can be filed by various parties, including:
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The attorney representing the minor.
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A parent of the minor.
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Any other interested person who has a legitimate relationship with the minor.
Each party must provide their information and specify their relationship to the minor in the application.
This form is specifically for use in juvenile and family law proceedings, excluding dissolution cases. If a guardian ad litem is needed for civil or probate proceedings, different forms must be used. For instance, Form 982(a)(27) is used for civil cases, while DE-350 or GC-100 is applicable for probate matters.
The FJ 200 form requires detailed information, including:
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The names and addresses of the minor, petitioner, respondent, and other parent.
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The name and contact details of the proposed guardian ad litem.
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A description of the relationship between the minor and the proposed guardian.
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The reasons for the appointment of a guardian ad litem.
Completing the form accurately is crucial for the court's consideration.
To nominate a guardian ad litem, the applicant must provide the name, address, and telephone number of the proposed guardian in the appropriate section of the form. Additionally, the applicant must explain the relationship of the proposed guardian to the minor and why their appointment is necessary.
What qualifications must a proposed guardian ad litem have?
The proposed guardian ad litem must be competent to understand and protect the rights of the minor. It is also essential that this individual does not have any conflicting interests that could compromise their ability to act in the minor's best interests. This ensures that the minor's rights and needs are prioritized throughout the legal process.
Is consent required from the minor for the appointment of a guardian ad litem?
If the minor is 14 years of age or older, their consent is necessary for the appointment of a guardian ad litem. The minor must nominate their choice of guardian on the form, affirming their understanding of the responsibilities involved. This consent is an important step in ensuring that the minor feels comfortable with the appointed representative.
Once the FJ 200 form is submitted, the court will review the application. The court may grant or deny the appointment of the guardian ad litem based on the information provided. If granted, the court will issue an order confirming the appointment. In some cases, a hearing may be scheduled to further discuss the application.
Can the appointment of a guardian ad litem be revoked?
Yes, the appointment of a guardian ad litem can be revoked by the court if it determines that the guardian is not fulfilling their responsibilities or if circumstances change. It is important for all parties involved to communicate any concerns regarding the guardian's performance to the court promptly.