Intervenors – Sticking their nose where it belongs
There are plenty of people who naturally become involved in a divorce case. The obvious ones range from the presiding judge to mediators, counselors, lawyers, friends and family and the spouses themselves.
Then there are those who are called intervenors. An intervenor is anyone who can, for lack of a better phrase, stick their nose where it belongs. They have a justifiable interest in the case, whether that be due to monetary reasons or because they have a relationship with a party in the case and may be able to provide some added value that will promote consistency and fairness.
Examples of intervenors for a suit to dissolve a marriage can include:
2. People with ownership interest in marital property
3. People claiming to be the legal spouse of the petitioner or respondent
It goes without saying that, in certain circumstances, a third party may also intervene in a suit affecting the parent-child relationship (SAPCR). The court allows this because, simply put, what that person brings to the case may be in the best interest of the child.
As stated before, these suits can be quite complex and emotionally driven. It’s a slippery slope where the court – not you – must decide what is in the best interest of your child. It is fact driven, and in some cases, can lead to the complete termination of a parent-child relationship.
Examples of such intervenors can include:
1. A former parent of the child
2. A person with court-ordered visitation rights to the child
3. A guardian
4. A government entity or authorized placement agency
5. A child, through a representative
6. A man alleging paternity for the child
7. A person who has actual control and possession of the child
It should be noted that grandparents or people who have had substantial past contact with the child can intervene only in suits in which sole or joint managing conservatorship between parents is an issue. They must present satisfactory proof that the parents’ appointment would significantly impair the child’s physical health or emotional development.
Perhaps the biggest opportunity I provide here at Nelson Law Group, PC is for my clients – new or existing – to feel like they can come talk to me about anything. If you are considering ending your marriage or the relationship with the other parent of your child, I urge you to seek counsel from a knowledgeable attorney who will keep your family’s best interests in mind.
Talking these details out beforehand can help steer your family in a more positive direction. Our staff is always available. Give us a call today. For more about Brett Nelson visit BrettANelson.com