Legal Question in Family Law in California

Injury settlement for minor

Daughter was injured at a McDonalds. Mother who has physical custody was pursuing a settlement. Father has joint legal. Now Mother says it was too much of a hassle and says she dropped it but has recently appeared to have come into some money, enough for a down payment on a home. My question is if there in fact was a settlement what are the Mothers obligations regarding any money awarded? Can she do with it what she wants? What are my rights to be notified if there in fact was a settlement. And how do I find out if there in fact was a settlement? I don't think any money awarded should go to either parent but in fact should be put in trust for our daughter. Am I right? If it is true that she somehow has used any settlement money for her own use what are my legal remedies to force her to put the settlement in a trust? The mother has recently moved to Georgia with my daughter and that is where she has purchased this home.


Asked on 12/13/05, 4:42 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Injury settlement for minor

Any money received for your daughter should have been placed in a trust account for her. This money, barring a court order, should be held until her 18th birthday. At that time she could withdraw the money. If the amount of the damages was significant the insurance company would insist on a court approved settlement agreement. You should have been advised as to such proceedings. Check the court files for your exe's name as guardian ad litem for your daughter.

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Answered on 12/14/05, 3:19 pm


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