Legal Question in Civil Litigation in California

In the federal law, pursuant to Rule 17 (c)(2), A child can be represented by a guardian ad litem with the court order as below:

"Without a Representative. A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem�or issue another appropriate order�to protect a minor or incompetent person who is unrepresented in an action."

I want to know whether the following Rule 17 (c)(1) means the order is not necessary when a parent lost legal custody but still has parental right to fit the definition of (A) a general guardian as below:

(c) Minor or Incompetent Person.

(1) With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person: (A) a general guardian;

(B) a committee; (C) a conservator; or (D) a like fiduciary.

Thank you.


Asked on 2/16/14, 1:09 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

That means an appointed legal guardian. A parent who does not have custody does not have standing to bring a federal lawsuit on behalf of a minor. (Elk Grove Unified School Dist. v. Newdow (2004) 542 U.S. 1.)

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Answered on 2/16/14, 9:45 am


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