What is a law guardian?
A law guardian is an attorney appointed by the Court to represent your child´s interests. If your child/children are old enough to express an opinion on what they want in terms of custody and visitation, the Law Guardian is obligated to advocate that position to the Court. On the other hand, if the Law Guardian believes that the childs desires may not be in their best interests, the Law Guardian should advise the Court why he/she believes this. The role of the Law Guardian varies somewhat throughout the State, and the difference can be important. A Law Guardians advocacy is taken very seriously by the Court, but not always followed. Some Law Guardians take a very active role in the course of the case, some do not. Some are biased, some are not. Always treat the Law Guardian with respect and courtesy and encourage your children to ask them any questions they may have. Back To Top Hiring a Lawyer Q: How do I know which attorney to hire? A: First, you want to find an attorney whose practi
A law guardian is a lawyer appointed by the court to protect your children’s interests. A law guardian’s recommendations are listened to seriously by the Court, but not always followed. Some law guardians take a very active role in the course of the case, some do not. Some are biased, some are not. Always treat the law guardian with respect and courtesy.
The best interests of the child are the concern and objective of custody and visitation proceedings. But he or she is not a party to the action, and usually is unrepresented. Too frequently, the child’s preferences as to custody and visitation are generally brushed aside because of the tender age of the child which makes he or she susceptible to improper influences of a party. Sometimes a child is ignored by a well-meaning judge adopting an “older and wiser” attitude. A law guardian, who must be an attorney may be appointed by the court to represent the child, or the child may choose independent counsel.
