Every once in a while we read a decision in which the Supreme Court has appointed a guardian ad litem for a child in a custody case. Such appointments are unusual, since the rights and obligations of the guardian ad litem differ from those of a law guardian.
Law Guardian or Guardian Ad Litem?
A law guardian is an attorney who is appointed to ensure that the best interests of the child, who is the subject of the litigation, are served, while the guardian <i>ad litem</i> is a person appointed to protect the rights and interests of a party to the action, who is under a disability. For many years, the appointment of a law guardian has been mandatory in certain Family Court proceedings, such as juvenile delinquency, PINS (Persons in Need of Supervision) and child protective proceedings. See FCA 249(a). Every once in a while we read a decision in which the Supreme Court has appointed a guardian ad litem for a child in a custody case. Such appointments are unusual, since the rights and obligations of the guardian <i>ad litem</i> differ from those of a law guardian. What are the differences, and when is appointment of one or the other appropriate?
By
Joel R. Brandes And Bari Brandes CorbinThis premium content is locked for LawJournalNewsletters subscribers only
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