Understanding the role of a law guardian in a divorce

 

A law guardian or "lawyer-guardian ad litem" is not to be confused with a guardian ad litem, or achild advocate attorney. The three roles are often confused mainly because all or one are at times

used during custody disputes resulting from divorce.

The following is a brief description of each and what role they play in determining custody

during a divorce proceeding:

A guardian ad litem is NT re!uired to be a lawyer, they are often used by the court to providetheir findings and epert opinion so that the courts ruling best serves the child#s interest during a

custody dispute. All reports made by a guardian ad litem are sub$ect to discovery of all parties

involved in litigation. This person is often an epert in behavioral science and other professionsrelevant to the study of custody disputes. The $udge will consider the guardian ad litem#s

recommendations when resolving a custody dispute.

The above role has been commonly used in divorce court when the $udge decides custody. They

represent the court and are appointed by the court much the way a probation officer is in a

criminal matter. They are eperts in the field, but they do not have to %now the law or belawyers for their opinions and recommendations to be considered by the $udge.

&aw guardians are lawyers appointed to children who#s parents contest a custody ruling or

custody case. They represent the child and safeguard the child#s best interest. They are their tofocus attention on what the child wants, needs, and the best interests of the child.

'f during a proceeding, the court determines that the child#s best interests are inade!uatelyrepresented, the court may appoint a lawyer-guardian ad litem (law guardian) to represent the

child. A law guardian#s powers and duties include at least all of the following:

*The obligation of attorney-client privilege.+ (hich means his findings and conversations with

his client are not sub$ect to discovery law. As the findings and reports of the non-lawyer

guardian ad litem#s are.)

*To serve as an independent representative for the child#s best interests and be entitled to full and

active participation in all aspects of the litigation and access to all relevant information regarding

the child.+

*To determine the facts of the case by conducting an independent investigation including but not

limited to, interviewing the child, social wor%ers, family members, and others as necessary, andreviewing relevant reports and other information.+

The above duties are !uoted from ichigan law. ichigan and alifornia often set the legal

 precedence for the rest of the country especially in civil and family court.

 

 

'n some cases a child advocate attorney might also be appointed to represent the child. hild

advocate attorney#s are more often brought in to represent a mature child who disagrees with hislaw guardian#s recommendations. /or eample, if a 01 year old wanted to live with his or her

mother after his parents divorce but the law guardian appointed to him by the $udge believed that

the fathers home was better suited for the child, the child#s maturity and level of understandingwould have to be considered in determining if the child#s desire to live with the mother and a

 $udge will appoint a child advocate attorney to represent the child in his desire to go against the

recommendations of he law guardian.

&egally, the understanding of law guardian is important and should not be confused mainly

 because to be a law guardian you must be an accredited lawyer. This is why in order to show the

role of a law guardian its important to show the roles of those who closely wor% with lawguardians to ma%e it clear the eact role they play during the divorce proceedings.

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