Peterson v. Peterson

EVANS, Justice.

This case involves a fundamental question of the trial court’s authority to appoint a guardian ad litem in a divorce action involving the issue of custody and to tax the ad litem fees as costs.

Appellant, Lee Peterson, the defendant and cross-plaintiff, complains in his first two points of error that the trial court committed fundamental error in making the children parties to the divorce action by appointing the “attorney ad litem” to represent them and in awarding and taxing against him the ad litem’s fees.

We are met at the outset by the question of whether these points were…