What Should I Know About Law Guardians?
If the parties are unable to decide on custody or access, if there are issues involving with whom the children are going to reside, the court will generally appoint a law guardian. That’s an older term and really that term should be attorney for the child. An attorney for the child is just that. The court appoints an attorney. It may be a paid situation where both of the parties have to contribute and pay that attorney for the child for the services that are going to be rendered. That attorney for the child will sit down with the child, examine and investigate both households and come back to the court with recommendations. Now those recommendations, if the child is old enough and able to express their desires, have to be the recommendations that the child wants at that time, the party with whom the child wants to reside. That’s the law guardian, the attorney for the child’s specific purpose. On the other hand, if the child is younger and cannot articulate with whom the child wants to reside, then the Law Guardian will have some discretion in bringing to the court issues or circumstances that would be best suited one way or the other.