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Minor’s Father Could Not Litigate Child’s Claim

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July 25, 2018

Background:

  • Plaintiff’s father filed an adversary proceeding on behalf of his 12 year old son.
  • Father argued that as a minor, he could represent his son and he was a proper representative.

Court Finding:

  • Judge recognized that the plaintiff’s father was a proper representative but that did not mean that the could represent his son without Counsel.
  • Parents cannot appear pro se on behalf of their minor children because a minor’s personal case is their own and does not belong to the parent or representative.
  • Father ordered to retain counsel on behalf of his child.
  • Judge further clarified that “unauthorized practice of law is forbidden as a matter of state and federal law, and the court will not hesitate to enforce the proscription.”
  • Parents cannot practice law and need an attorney to litigate children’s claims.