Q: Is there any way to get around a guardian ad litem during a divorce in South Carolina?
My husband and his girlfriend has offered to pay their lawyer completely for our divorce. The thing is, is that during our separation I had a daughter with my boyfriend and now there is an issue of a guardian ad litem being appointed to my daughter who doesn’t biologically belong to my husband and this divorce doesn’t even have anything to do with her. My ex’s girlfriend has even offered to pay for the fee of my daughter’s guardian ad litem. Should I be concerned about this? Also, I just want to know if it would be in mine and my daughter’s best interest if I just get my own lawyer and pay for the guardian ad litem myself.
A: A child born during a marriage is by law presumed to be the child of the husband's. Therefore your divorce case must include your boyfriend as well as your husband as parties so that your boyfriend's paternity can be legally established and the presumption that your husband is the father can be removed. A guardian ad litem is required to represent the interest of the child in any paternity matters. Therefore, you cannot avoid having a guardian in your divorce case. Unless you understand family law and know how to represent yourself in court, you always need a lawyer to represent your interest. There is not one else in the case who can or will do that.
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